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Home / Opinion Digests / Criminal -Habeas – Double Jeopardy – Manifest Necessity – Discovery Of Body (access required)

Criminal -Habeas – Double Jeopardy – Manifest Necessity – Discovery Of Body (access required)

The 4th Circuit says a defendant cannot overturn his conviction for the murder of his stepfather by claiming that declaration of a mid-trial mistrial when the stepfather’s body was discovered meant that his retrial violated the constitutional prohibition against double jeopardy. Defendant relies on two contentions in seeking habeas corpus relief on his double jeopardy claim: ...