What is the test for a writ of habeas corpus in a double jeopardy case?

As the habeas corpus remedy is structured, however, once the petitioner has exhausted his state remedies, there is no further bar to the assumption of federal jurisdiction, for the deference owed to the state judicial system demanded by principles of comity and federalism has been paid. This holds true in the double jeopardy context, even when the petition is entertained in federal court before the second trial has commenced. See Arizona v. Washington, 434 U.S. 497, 98 S.Ct. 824, 54 L.Ed.2d 717 (1978) (double jeopardy claim of state prisoner examined on merits pretrial); Dunkerley v. Hogan, 579 F.2d 141 (2d Cir. 1978) (same).

The rationale for granting a pretrial writ of habeas corpus in double jeopardy cases is evident. The double jeopardy

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