Divans v. California
439 U.S. 1367 (1978)

Annotate this Case

U.S. Supreme Court

Divans v. California, 439 U.S. 1367 (1978)

Divans v. California

No. A-233

Decided September 1, 1978

439 U.S. 1367

Syllabus

Application to stay, pending the filing of a petition for certiorari, California Superior Court's retrial of applicant for murder is denied. The application contains nothing to contradict the Superior Court's finding that the prosecutor's error that resulted in a mistrial at the first trial was not calculated to force applicant to move for a mistrial, and, accordingly, it is unlikely that this Court would grant certiorari to review applicant's double jeopardy claim.

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