Can a defendant in a state criminal trial seek federal habeas corpus relief for a double jeopardy claim even in the pretrial period?
MultiRegion, United States of America
The following excerpt is from Sherwood v. Tomkins, 716 F.2d 632 (9th Cir. 1983):
2 A defendant in a state criminal trial may seek federal habeas corpus relief for a double jeopardy claim even in the pretrial period, but the double jeopardy rule is sui generis. See Hartley v. Neely, 701 F.2d 780 (9th Cir.1983).
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