McGUIRE v. BLUBAUM

No. Civ-74-323 Phoenix WEC.

376 F.Supp. 284 (1974)

Michael Lemon McGUIRE, Petitioner, v. Paul E. BLUBAUM, Sheriff of Maricopa County, Arizona, Respondent.

United States District Court, D. Arizona.

June 11, 1974.


Attorney(s) appearing for the Case

Ross P. Lee, Maricopa County Public Defender, David Brauer, Deputy Public Defender, Phoenix, Ariz., for plaintiff.

Moise Berger, County Atty., Maricopa County, John J. Trombino, Deputy County Atty., Phoenix, Ariz., for defendant.


ORDER

CRAIG, Chief Judge.

Petitioner in this habeas action is currently confined in the Maricopa County Jail awaiting a retrial on a charge of murder. His first trial was declared a mistrial by the judge, sua sponte, following a finding that the jury could not reach a verdict. The jury had deliberated approximately four hours. Petitioner contends that a retrial would violate his constitutional right not...

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