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FITZGERALD v. LILE

No. 5:89CV2456.

732 F.Supp. 784 (1990)

John J. FITZGERALD, v. Roger G. LILE, Judge.

United States District Court, N.D. Ohio, E.D.

February 13, 1990.

Attorney(s) appearing for the Case

Thomas W. Fox, New Philadelphia, Ohio, for petitioner.

Scott Mastin, Office of the Tuscarawas County Prosecutor, New Philadelphia, Ohio, for respondent.

MEMORANDUM OPINION

DOWD, District Judge.

I. INTRODUCTION.

This habeas corpus action raises a novel double jeopardy issue. The petitioner was indicted in the Common Pleas Court of Tuscarawas County, Ohio, for aggravated vehicular homicide. The petitioner's first trial ended with the declaration of a mistrial after the jury informed the trial judge that it was unable to reach agreement. After the jury was discharged, it was learned that the jury...

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