Double Jeopardy

Walck v. Edmondson, No. 05-6273 (10th Cir. January 04, 2007)Grant of a petition for habeas corpus, which ordered dismissal of pending first-degree manslaughter charges against petitioner arising from a traffic accident and enjoined the state from retrying or further prosecuting her for the same incident, is affirmed where: 1) Younger abstention is unwarranted where a criminal accused presents a colorable claim that a forthcoming second state trial will constitute a violation of her double jeopardy rights; 2) 28 U.S.C. section 2241 is the proper avenue by which to challenge pretrial detention, including when such challenges are based on double jeopardy grounds; and 3) under the circumstances, a witness's absence did not give rise to manifest necessity for the mistrial, over petitioner's objection, for double jeopardy purposes. http://laws.lp.findlaw.com/10th/056273.html