How have courts treated the issue of double jeopardy in habeas corpus cases?

Here it was within the petitioner's power to assert his right not to be prosecuted twice for the same offense at a time when the courts could have protected that right. ⁵ Instead of presenting his claim to the trial court, the petitioner elected to rest on his rights and allowed himself to be subjected to a second trial. Consequently, he cannot be heard to complain now that this right has been abridged. By proceeding through the second trial without raising the defense, the petitioner waived his right to claim double jeopardy. ⁶ See United States v. Perez, 565 F.2d at 1232; see also United States v. Herzog, 644 F.2d at 716 ("[D]ouble jeopardy is a personal defense and not jurisdictional.... [Q]uestions of double jeopardy usually cannot, after conviction, be raised under section 2255." (citations omitted)); Barker v. Ohio, 328 F.2d at 584-85 (6th Cir.1964) ("If the defense is made at the trial and ruled invalid, it can be reviewed on a direct appeal after conviction.... It logically follows that the issue of double jeopardy can not be raised by a habeas corpus proceeding." (citations omitted)).