Whether the State may refuse to retry a successful habeas petitioner who has established a constitutional trial error by simply initiating proceedings that do not cure the petitioner's injury with a new trial

QUESTION PRESENTED The federal courts found that his wife’s letter violated Jensen's confrontation right and granted his habeas petition, ordering the State to release him or initiate proceedings to retry him within 90 days. The question is whether the State may refuse to retry a successful habeas petitioner, who has established a constitutional trial error, by simply initiating proceedings that do not cure the petitioner’s injury witha new trial. 2