Marte v. Vance

SUMMARY ORDER

Eddy and Luis Marte appeal the denial of their habeas petition seeking to bar their retrial by New York State on charges of attempted robbery as violating the Double Jeopardy Clause. They submit that neither manifest necessity nor implied consent existed to justify the declaration of a prior partial mistrial on the charges at issue so as to allow retrial. While only one level of the New York courts to review the Martes’ double jeopardy challenge found retrial justified by manifest necessity, all three have found implied consent. See Marte v. Berkman, 16 N.Y.3d 874, 876, 925…