PHILLIPS v. COURT OF COMMON PLEAS, HAMILTON COUNTY

No. 10-4280.

668 F.3d 804 (2012)

James PHILLIPS, Petitioner-Appellant, v. COURT OF COMMON PLEAS, HAMILTON COUNTY, OHIO, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 10, 2012.


Attorney(s) appearing for the Case

ARGUED: Ravert J. Clark , Cincinnati, Ohio, for Appellant. Philip R. Cummings , Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellee. ON BRIEF: Ravert J. Clark , Cincinnati, Ohio, for Appellant. Philip R. Cummings , Hamilton County Prosecutor's Office, Cincinnati, Ohio, for Appellee.

Before: SILER and GRIFFIN, Circuit Judges; TARNOW, District Judge.


OPINION

GRIFFIN, Circuit Judge.

James Phillips appeals the district court's denial of his pretrial petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. After the state trial court granted Phillips's motion for a mistrial, the State of Ohio sought to retry him. He moved to dismiss the indictment on double jeopardy grounds, but the state court denied his motion. This habeas petition followed. We affirm.

I.

James Phillips...

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