Phillips v. Court of Common Pleas Hamilton Cnty., OH, No. 10-4280 (6th Cir. 2012)
Annotate this CasePetitioner was indicted in state court on two counts of unlawful sexual conduct with a minor, Ohio Rev. Code 2907.04(A), and one count of gross sexualimposition, Ohio Rev. Code 2907.05(A)(1). During trial, the court allowed the prosecution to amend the indictment to conform dates to testimony and declared a mistrial. The state proceeded toward another trial. The court denied petitioner's motion to dismiss. The district court denied a pretrial petition for habeas corpus under 28 U.S.C. 2241. The Sixth Circuit affirmed after conducting de novo review. The court rejected a double jeopardy argument, finding that the mistrial resulted from prosecutorial negligence, and not from an intentional action by the prosecution because its case was going badly. The court concluded that the prosecution gained no advantage.
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