Sterling C. Corley v. Harold J. Cardwell, Superintendent, Arizona State Prison

Corley was convicted of second degree murder in an Arizona state court. His conviction was affirmed on appeal. State v. Corley, 108 Ariz. 240 , 495 P.2d 470 (1972). After his petition for a writ of habeas corpus was denied by the Supreme Court of Arizona, Corley filed his petition for a writ of habeas corpus in the United States District Court. The petition was dismissed, and this appeal followed.

THE MOTION TO SUPPRESS

The State provided an opportunity for full and fair litigation of Corley’s fourth amendment claim. Accordingly, federal habeas relief cannot be predicated on claimed illegality of the search and seizure. Stone v. Powell, — U.S. —, 96 S.Ct. 3037 , 49 L.Ed.2d 1067 (1976).

DOUBLE JEOPARDY

In Corley’s first trial the jury was unable to agree. Corley claims double jeopardy (Benton v. Maryland, 395 U.S. 784 , 89 S.Ct. 2056 , 23 L.Ed.2d 707 (1969)) on the ground that the jury was discharged too soon. The trial judge has a broad discretion in granting a mistrial (Illinois v. Somerville, 410 U.S. 458 , 93 S.Ct. 1066 , 35 L.Ed.2d 425 (1973)), and the burden is on the defendant to establish an abuse of that discretion. Oelke v. United States, 389 F.2d 668 (9th Cir. 1967),…