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COLVIN v. SHEETS

No. 08-4353.

598 F.3d 242 (2010)

Cory COLVIN, Petitioner-Appellee, v. Michael SHEETS, Warden, Ross Correctional Institution, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: March 12, 2010.

Attorney(s) appearing for the Case

ARGUED: Elizabeth Ann Matune, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Dennis C. Belli, Columbus, Ohio, for Appellee. ON BRIEF: Elizabeth Ann Matune, Office of the Ohio Attorney General, Columbus, Ohio, for Appellant. Dennis C. Belli, Columbus, Ohio, for Appellee.

Before: SUHRHEINRICH, McKEAGUE, and KETHLEDGE, Circuit Judges.

OPINION

SUHRHEINRICH, Circuit Judge.

The Double Jeopardy Clause of the Fifth and Fourteenth Amendments bars retrial following a declaration of mistrial unless the defendant consented to the mistrial or there was a "manifest necessity" for the mistrial. In this habeas appeal brought under 28 U.S.C. § 2244, Respondent Michael Sheets challenges the district court's conclusion that the state court unreasonably applied Supreme Court precedent when it determined...

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