Opinion by Judge BEEZER; Dissent by Chief Judge WALLACE.
BEEZER, Circuit Judge:
Petitioner Theodore Weston filed a petition for a writ of habeas corpus challenging his May 1990 state court conviction of forcible oral copulation. He contends that his conviction was barred by the Double Jeopardy Clause because the state trial court ended his first trial by declaring a mistrial without his consent and in the absence of manifest necessity.
The district...
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