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MANNES v. GILLESPIE

No. 91-55336.

967 F.2d 1310 (1992)

Diane Helen MANNES, Petitioner-Appellee, v. John V. GILLESPIE, Sheriff, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided June 22, 1992.

Attorney(s) appearing for the Case

Michael D. Schwartz, Deputy Dist. Atty., Ventura, Cal., for respondent-appellant.

Neil B. Quinn, Deputy Public Defender, Ventura, Cal., for petitioner-appellee.

Before: BROWNING, BOOCHEVER and REINHARDT, Circuit Judges.

JAMES R. BROWNING, Circuit Judge:

The district court issued a writ of habeas corpus "forever prohibiting" the retrial of petitioner Diane Helen Mannes on three murder charges. The state argues the district court should have abstained, and, alternatively, that the court erred in ruling retrial of Mannes for the three murders was barred by the Double Jeopardy Clause. We affirm.

I

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