TAYLOR v. DAWSON

No. 87-6290.

888 F.2d 1124 (1989)

Mary Patricia TAYLOR, Petitioner-Appellant, v. Don DAWSON, Jailer, Lincoln County Jail, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 6, 1989.


Attorney(s) appearing for the Case

Rodney McDaniel, argued, Asst. Public Advocate, Frankfort, Ky., for petitioner-appellant.

Frederic Cowen, Atty. Gen., of Kentucky, Frankfort, Ky., David Martin, Gregory C. Fuchs, Asst. Atty. Gen., argued, for respondent-appellee.

Before WELLFORD and NELSON, Circuit Judges, and McQUADE, District Judge.


DAVID A. NELSON, Circuit Judge.

Where a criminal proceeding is terminated by the declaration of a mistrial to which the defendant did not consent and for which there was no "manifest necessity," the Double Jeopardy Clause of the Fifth Amendment bars retrial of the defendant for the same offense. See United States v. Jorn, 400 U.S. 470, 481, 91 S.Ct. 547, 555, 27 L.Ed.2d 543 (1971) (plurality opinion), quoting United States...

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