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COREY v. DIST. COURT OF VT., UNIT # 1, RUTLAND CIR.

No. 1377, Docket 90-2026.

917 F.2d 88 (1990)

Brian J. COREY, Petitioner-Appellant, v. DISTRICT COURT OF VERMONT, UNIT # 1, RUTLAND CIRCUIT, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 22, 1990.

Attorney(s) appearing for the Case

Barry E. Griffith (Robert Reis, Rutland, Vt., of counsel), for petitioner-appellant.

James P. Mongeon, Rutland, Vt., for respondent-appellee.

Before VAN GRAAFEILAND, MESKILL and WALKER, Circuit Judges.

MESKILL, Circuit Judge:

This is an appeal from a judgment of the United States District Court for the District of Vermont, Billings, C.J., dismissing appellant's petition for a writ of habeas corpus alleging that the State of Vermont is barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution from pursuing a retrial after a sua sponte declaration of a mistrial by the state court.

Reversed and remanded.

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