Divans v. California, 439 U.S. 1367 (1978)
U.S. Supreme CourtDivans v. California, 439 U.S. 1367 (1978)
Divans v. California
Decided September 1, 1978
439 U.S. 1367
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.