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HARPSTER v. STATE OF OHIO

No. 96-3962.

128 F.3d 322 (1997)

Donald Ray HARPSTER, Petitioner-Appellee, v. STATE OF OHIO, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided September 18, 1997.

Rehearing and Suggestion for Rehearing Denied November 4, 1997.

Attorney(s) appearing for the Case

Kirk A. Migdal (argued and briefed), Akron, OH, for Petitioner-Appellee.

Philip D. Bogdanoff, Asst. Prosecuting Atty. (argued and briefed), Office of the Prosecuting Attorney, Akron, OH, for Respondent-Appellant.

Before: LIVELY, KENNEDY, and NORRIS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied November 4, 1997.

KENNEDY, Circuit Judge.

Respondent-appellant, State of Ohio, appeals the District Court's order granting habeas corpus relief to petitioner-appellee, Donald Ray Harpster, under 28 U.S.C. § 2254. The District Court found that the state court in petitioner's criminal trial declared a mistrial over defense objection without manifest necessity, thereby barring retrial of petitioner on...

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