Brian J. Corey v. District Court of Vermont, Unit 1, Rutland Circuit

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the District of Vermont, Billings, C.J., dismissing appellant’s petition for a writ of habeas corpus alleging that the State of Vermont is barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution from pursuing a retrial after a sua sponte declaration of a mistrial by the state court.

Reversed and remanded.

This case presents, to say the least, a remarkable set of circumstances. Brian J. Corey shot and killed Lome Greene on November 2, 1985. Corey was charged in…