FAY v. McCOTTER

No. 83-2762.

765 F.2d 475 (1985)

Reginald Neal FAY, Plaintiff-Appellant, v. O.L. McCOTTER, Director, Texas Department of Corrections, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 15, 1985.


Attorney(s) appearing for the Case

Richard Prinz, Houston, Tex. (court-appointed), for plaintiff-appellant.

Jim Mattox, Atty. Gen. of Texas, Paula C. Offenhauser, William C. Zapalac, Asst. Atty. Gen., Austin, Tex., for defendant-appellee.

Before GEE, TATE, and HIGGINBOTHAM, Circuit Judges.


PATRICK E. HIGGINBOTHAM, Circuit Judge:

Reginald Neal Fay appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition. He asserts that the judge at his first trial too quickly granted a mistrial based on jury deadlock, and that his second trial and conviction therefore violated his Fifth Amendment right not to be twice put in jeopardy. Because, as a federal habeas reviewing court, we accord great deference to a state trial judge's conclusion that a jury...

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