Court of Appeals for the Fifth Circuit January 25, 1980, 79-1372 (Clifford Grooms v. Louie L. Wainwright, Etc.)

THORNBERRY, Circuit Judge:

In this habeas corpus case we must decide whether the state violated appellant’s right against double jeopardy when the state retried him after the judge declared a mistrial without interrogating the jury, and whether appellant was denied' his due process right to an impartial jury in light of a remark allegedly made by a juror during the second trial.