US SUPREME COURT DECISIONS
DIVANS V. CALIFORNIA, 439 U. S. 1367 (1978)
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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.