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LOVE v. MORTON

Civil Action No. 95-6309 (JEI).

944 F.Supp. 379 (1996)

Harold LOVE, Petitioner, v. Willis MORTON, et al., Respondents.

United States District Court, D. New Jersey.

November 12, 1996.

Attorney(s) appearing for the Case

Loughlin & Latimer by Stephen M. Latimer, Hackensack, NJ, for Petitioner.

Jeffrey S. Blitz, Atlantic County Prosecutor by Jack J. Lipari, Mays Landing, NJ, for Respondents.

OPINION

IRENAS, District Judge:

Petitioner Harold Love seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254, alleging that his state court retrial, following a mistrial, violated the Double Jeopardy Clause of the Fifth Amendment. Because petitioner's first trial was terminated without his consent and without manifest necessity, the Court will grant his petition for a writ of habeas corpus.

I. BACKGROUND

A. Procedural History...

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