HAMEED v. JONES

No. 138, Docket 84-2150.

750 F.2d 154 (1984)

Basheer HAMEED (f/k/a James Dixon York) and Abdul Majid (f/k/a Anthony LaBorde), Appellants, v. W. Clinton JONES, Superintendent of Great Meadows Correctional Facility, and Eugene LeFevre, Superintendent of Clinton Correctional Facility, Appellees.

United States Court of Appeals, Second Circuit.

Decided November 26, 1984.


Attorney(s) appearing for the Case

William M. Kunstler, New York City (Mark B. Gombiner, Randolph M. Scott McLaughlin, C. Vernon Mason, New York City, of counsel), for appellants.

Ray F. Cerreta, Asst. Dist. Atty., Queens County, Kew Gardens, N.Y. (John J. Santucci, Dist. Atty., Queens County, Kew Gardens, N.Y., of counsel), for appellees.

Before LUMBARD, OAKES, and PRATT, Circuit Judges.


OAKES, Circuit Judge:

This appeal from the district court's denial of appellants' habeas corpus petition presents the familiar question whether a state trial court's declaration of mistrial was prompted by a "manifest necessity" sufficient to render a retrial constitutionally permissible. In this case, however, the familiar is framed in an unfamiliar context. In appellants' criminal trial, after the case had gone to the jury...

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