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LOVINGER v. CIRCUIT COURT OF THE 19TH JUD. CIRCUIT

No. 87-1397.

845 F.2d 739 (1988)

Jeffrey LOVINGER, Petitioner-Appellee, v. CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, LAKE COUNTY, ILLINOIS, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 2, 1988.

Attorney(s) appearing for the Case

Marcia L. Friedl, Office of Ill. Atty. Gen., Chicago, Ill., for respondent-appellant.

Mary Robinson, Robinson & Skelnik, Elgin, Ill., for petitioner-appellee.

Before FLAUM and EASTERBROOK, Circuit Judges, and GRANT, Senior District Judge.

FLAUM, Circuit Judge.

Jeffrey Lovinger's bench trial on charges of unlawful delivery of cocaine and cannabis ended in a mistrial on February 8, 1983. Lovinger was unable to convince the Illinois courts that the double jeopardy clause of the fifth amendment bars his reprosecution for these offenses. After exhausting his state court remedies, Lovinger petitioned the district court for a writ of habeas corpus. The district court granted the writ and we affirm.

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