Court of Appeals for the Ninth Circuit February 15, 2011, No. 08-16602 (Harrison v. Gillespie)

REINHARDT, Circuit Judge,

with whom THOMAS, Circuit Judge, joins,

dissenting:

I join in Judge Thomas’s dissent, which so ably demonstrates that the trial judge’s hasty decision to dismiss the jury violated every tenet of the law regarding “manifest necessity” for the declaration of a mistrial, and thus Harrison’s right to be free from double jeopardy.