Whether the required strict scrutiny applied to the legal determination of manifest necessity constrains the deference accorded a trial court's fact-finding

QUESTIONS PRESENTED L In review of a state decision under 28 U.S.C. § 2241, when a federal appellate court must determine if double jeopardy protection bars retrial after a mistrial is granted over a defendant’s objection based upon the absence of a critical prosecution witness, does the required strict scrutiny applied to the legal determination of manifest necessity constrain in equal or greater measure the deference universally accorded a trial court’s fact-finding. Il. Whether in granting relief under 28 U.S.C. § 2241 the Fourth Circuit egregiously failed to apply clearly established federal law as determined by this Court in Arizona v. Washington and accord deference to the state court’s ruling finding manifest necessity for mistrial when it resolved that omission of a reference to consideration of alternatives in the court’s oral ruling made the ruling fatally insufficient even though the record shows the state court did not act rashly in granting a mistrial, but pursued a cautious approach that included suspending the trial to allow a search for the missing witness prior to considering and granting the State’s mistrial motion. ll STATEMENT OF PROCEEDINGS Seay v. Cannon, No. 18-7242 (4th Cir.) (opinion issued June 21, 2019) (mandate stayed by Order of this Court entered August 19, 2019). Seay v. Cannon, No. 2:17-2814-TMC-MGB (D.S.C.) (final order issued September 11, 2018; summary judgment entered final judgment entered September 12, 2018). State of South Carolina v. Startaeshia Grant, Bench Warrant # 2016B0729201600 (General Session, Ninth Judicial Circuit, State of South Carolina, Charleston County) (Order finding contempt of court entered August 24, 2016). State of South Carolina v. Broderick Seay, Jr., Indictment No. 2015-GS-10-00972 (General Session, Ninth Judicial Circuit, State of South Carolina, Charleston County) (indictment for murder; order after mistrial to continue proceedings until completion of federal habeas proceedings granted October 18, 2017, entered October 20, 2017).