GROOMS v. WAINWRIGHT

No. 79-1372.

610 F.2d 344 (1980)

Clifford GROOMS, Petitioner-Appellant, v. Louie L. WAINWRIGHT, etc., Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 25, 1980.


Attorney(s) appearing for the Case

Norman L. Hull, Orlando, Fla. (Court-appointed), for petitioner-appellant.

Jim Smith, Atty. Gen., Tallahassee, Fla., Max Rudmann, Asst. Atty. Gen., West Palm Beach, Fla., for respondent-appellee.

Before THORNBERRY, GEE and HATCHETT, Circuit Judges.


THORNBERRY, Circuit Judge:

In this habeas corpus case we must decide whether the state violated appellant's right against double jeopardy when the state retried him after the judge declared a mistrial without interrogating the jury, and whether appellant was denied his due process right to an impartial jury in light of a remark allegedly made by a juror during the second trial. Because we find that appellant's constitutional rights were not violated, we affirm the...

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