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MARTINEZ v. CALDWELL

No. 10-30318.

644 F.3d 238 (2011)

Clint MARTINEZ, Petitioner-Appellee, v. James D. CALDWELL, Attorney General of the State of Louisiana; Brent Allain, Sheriff of Iberville Parish, Louisiana, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

June 15, 2011.

Attorney(s) appearing for the Case

Ford Charles Marionneaux (argued), Elizabeth M. Mayeaux , Ryan Neil Ours , Marionneaux & Marionneaux, A.P.L.C., Plaquemine, LA, for Petitioner-Appellee.

Stuart Kyle Duncan , Asst. Atty. Gen., Louisiana Dept. of Justice, Ross Warren Bergethon , Asst. Atty. Gen. (argued), Baton Rouge, LA, for Respondents-Appellants.

Before JONES, Chief Judge, and JOLLY and GARZA, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

Louisiana Attorney General James D. Caldwell ("the State") appeals the district court's order granting the habeas corpus petition filed by Defendant-Appellee Clint Martinez ("Martinez"). Martinez's first murder trial ended in a declaration of mistrial. When the State sought to retry him on the murder charge, Martinez moved to prevent the trial under the doctrine of Double Jeopardy. His motion was granted, but reversed on appeal. Martinez...

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