IN RE FORD

Nos. 91-5497, 91-5548.

987 F.2d 334 (1992)

In re Harold E. FORD, Petitioner (91-5497). UNITED STATES of America, Plaintiff-Appellee, v. Harold E. FORD, Douglas Beaty, Karl A. Schledwitz, and David Crabtree, Defendants-Appellants (91-5548).

United States Court of Appeals, Sixth Circuit.

Decided March 2, 1992.


Attorney(s) appearing for the Case

J. Alan Hanover, Hanover, Walsh, Jalenak & Blair, Memphis, TN, William E. McDaniels (argued), Brent J. Gurney, Williams & Connolly, Washington, DC, for Harold E. Ford.

Odell Horton, pro se.

Ed Bryant, U.S. Atty., Memphis, TN, Daniel Clancy, Asst. U.S. Atty., Jackson, TN, Gary Humble, Asst. U.S. Atty. (argued), Chattanooga, TN, for U.S.

Steven R. Ross (briefed), U.S. House of Representatives, Office of the Clerk, Washington, DC, for amicus curiae The Speaker and Bipartisan Leadership Group of the U.S. House of Representatives.

Eric Schnapper (briefed), NAACP Legal Defense & Educational Fund, New York City, for amicus curiae N.A.A.C.P.

Albert C. Harvey, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, TN, Ann C. Short, Herbert S. Moncier, Knoxville, TN, for Douglas R. Beaty.

Kemper B. Durand (briefed), Albert C. Harvey, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, TN, for Karl A. Schledwitz.

Anthony Philip Lomonaco, Vaughan & Zuker, Knoxville, TN, Albert C. Harvey, Thomason, Hendrix, Harvey, Johnson & Mitchell, Memphis, TN, for David A. Crabtree.

Julius L. Chambers, NAACP Legal Defense Fund, Eric Schnapper (briefed), NAACP Legal Defense & Educational Fund, Barrington D. Parker, Claire Silberman, Morrison & Foerster, New York City, for amicus curiae N.A.A.C.P., NAACP Legal Defense and Educational Fund, Inc.

Before: MARTIN and MILBURN, Circuit Judges; and CONTIE, Senior Circuit Judge.


CONTIE, Senior Circuit Judge.

Defendants appeal an order denying their motion to dismiss criminal charges on grounds of double jeopardy, arguing that the district court erred in granting a mistrial. Defendant Harold Ford also seeks mandamus review of an order directing jury selection for his retrial take place in a city other than the site of his retrial, and the propriety of the district court's consideration of an FBI affidavit outlining evidence of juror misconduct...

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