Jordy Ezequiel Ochoa, aka Jordy Ezequil Ochoa-Cordova v. Robert Luna, Sheriff, Los Angeles County, California, et al.
FifthAmendment DueProcess HabeasCorpus Punishment Privacy JusticiabilityDoctri
Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hold a probation violation hearing in which the court finds, based on the evidence presented at the trial, that the defendant did not commit the offense in question, and then hold a second jury trial on the same facts?
Is it a violation of clearly established federal law under the Double Jeopardy clause to allow a court to declare a mistrial based on a hung jury, hold a probation violation hearing in which the court finds, based on the evidence presented at the trial, that the defendant did not commit the offense in question, and then hold a second jury trial on the same facts?