UNITED STATES EX REL. VAN PELT v. WARDEN

No. 75 C 2664.

461 F.Supp. 618 (1978)

UNITED STATES of America ex rel. Donald J. VAN PELT, Petitioner, v. WARDEN, Illinois State Penitentiary, Respondent.

United States District Court, N. D. Illinois, E. D.

December 5, 1978.


Attorney(s) appearing for the Case

John Moran, Chicago, Ill., for petitioner.

Melbourne Noel, Chicago, Ill., for respondent.


DECISION

McMILLEN, District Judge.

Following the Court of Appeals' remand of the petition in the above case by an order entered February 18, 1977, the court has held hearings and conducted other proceedings to determine whether a mistrial was properly declared in the petitioner's first trial. (See Court of Appeals Order, p. 5.) Also since that time the United States Supreme Court has handed down a decision on double jeopardy in Arizona v. Washington,...

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