ESCOBAR v. O'LEARY

No. 90-1860.

943 F.2d 711 (1991)

Gregory ESCOBAR, Petitioner-Appellant, v. Michael O'LEARY, Warden of Stateville Penitentiary, and Neil Hartigan, Attorney General of the State of Illinois, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 10, 1991.


Attorney(s) appearing for the Case

David C. Thomas (argued), Legal Services Center, Chicago, Ill., for petitioner-appellant.

Marcia L. Friedl, Asst. Atty. Gen. (argued), Chicago, Ill., for respondents-appellees.

Before CUMMINGS, WOOD, Jr. and FLAUM, Circuit Judges.


CUMMINGS, Circuit Judge.

In this habeas case, we must decide whether petitioner Gregory Escobar's Fifth Amendment right to be free from double jeopardy has been violated. The state court trial judge sua sponte declared a mistrial during Escobar's first trial and Escobar was subsequently re-tried and convicted. We affirm the district court's denial of the writ.

BACKGROUND

Rudy Lozano, a Hispanic union organizer and unsuccessful aldermanic candidate...

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