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FULTON v. MOORE

No. 07-3434.

520 F.3d 522 (2008)

George FULTON, Petitioner-Appellant, v. Ernie MOORE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 1, 2008.

Attorney(s) appearing for the Case

ARGUED: Katherine A. Szudy, Public Defender's Office, Columbus, Ohio, for Appellant. M. Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Katherine A. Szudy, Public Defender's Office, Columbus, Ohio, for Appellant. Michael Scott Criss, Office of the Attorney General, Columbus, Ohio, for Appellee.

Before: GUY, GILMAN, and McKEAGUE, Circuit Judges.

OPINION

RALPH B. GUY, JR., Circuit Judge.

Petitioner George Fulton appeals the district court's denial of his application for habeas corpus under 28 U.S.C. § 2254. His habeas claim of double jeopardy stems from the Clermont County, Ohio trial court's sua sponte declaration of a mistrial after a jury was impaneled but before opening arguments in his criminal trial. The mistrial was ordered when, after the prosecution's amendment of dates in the...

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