Supreme Court of the United States August 2, 1977, A-91 (Divans v. California)

Mr. Justice Rehnquist, Circuit Justice.

Applicant has requested that I stay the commencement of his second trial in the Superior Court of Santa Clara County, Cal., pending the filing and disposition of a petition for cer-tiorari here. His first trial aborted as a result of the trial judge’s declaration of a mistrial upon applicant’s motion. I have determined the application should be denied.