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LEWIS v. BICKHAM

No. 23-30086.

91 F.4th 1216 (2024)

Lerone LEWIS, Petitioner-Appellant, v. Edward BICKHAM, Warden, Dixon Correctional Institute, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED February 2, 2024.

Attorney(s) appearing for the Case

Thomas Frampton (argued), University of Virginia School of Law, Charlottesville, VA, for Petitioner-Appellant.

Brad Michael Scott (argued), Esq. , District Attorney's Office, for the Parish of Orleans, New Orleans, LA, for Respondent-Appellee.

Before King, Willett, and Douglas, Circuit Judges.

Lerone Lewis claims that his conviction for aggravated battery is barred by the Double Jeopardy Clause of the Fifth Amendment. Lewis underwent three trials for the same offense. His first trial resulted in a hung jury, and the trial court declared a mistrial. After the trial court empaneled and swore in a jury for a second trial, it declared...

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