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BROWN v. HUGHES

Civ. No. 79-858 PHX VAC.

483 F.Supp. 793 (1980)

Moscoe J. "Buck" BROWN, Petitioner, v. The Honorable Ed W. HUGHES, Judge of the Maricopa County Superior Court, Arizona; and the Attorney General of the State of Arizona, Respondents.

United States District Court, D. Arizona.

February 6, 1980.

Attorney(s) appearing for the Case

Harry A. Stewart, Jr., William H. McLean, William S. Andrews, Stewart & McLean, Ltd., Phoenix, Ariz., for petitioner.

Charles F. Hyder, Maricopa County Atty., by Steven A. LaMar, Deputy County Atty., Phoenix, Ariz., for respondents.

OPINION AND ORDER

CORDOVA, District Judge.

This petition for a writ of habeas corpus presents the question whether the constitutional command against exposing one to double jeopardy precludes the State of Arizona from again trying Moscoe J. "Buck" Brown on the same charges as those upon which the jury was unable to agree in the first trial. Petitioner Brown asserts that the trial judge prematurely and contrary to law determined that the jury was unable to...

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