State of Arizona and W. Coy Cox, Sheriff, Pima County, Arizona v. George Washington, Jr., George Washington, Jr., Cross-Appellant v. State of Arizona and W. Coy Cox, Sheriff, Pima County, Arizona, Cross-Appellees

546 F.2d 829 STATE OF ARIZONA and W. Coy Cox, Sheriff, Pima County, Arizona, Appellants, v. George WASHINGTON, Jr., Appellee. George WASHINGTON, Jr., Cross-Appellant, v. STATE OF ARIZONA and W. Coy Cox, Sheriff, Pima County, Arizona, Cross-Appellees. Nos. 75-3634, 75-3689. United States Court of Appeals, Ninth Circuit. Dec. 3, 1976. As Modified Jan. 21, 1977. A. Bates Butler, III, Deputy County Atty. (argued), of Pima County, Tucson, Ariz., for appellants. Ed Bolding (argued), Tucson, Ariz., for appellee. Before MERRILL, KILKENNY and ANDERSON, Circuit Judges: KILKENNY, Circuit Judge: 1 This appeal concerns the propriety of a retrial of George Washington, Jr. (appellee) following the declaration of a mistrial in state court. The district court conditionally granted the appellee's petition for a writ of habeas corpus pending appeal to this court. We affirm and order the immediate execution of the writ. FACTS FIRST TRIAL AND APPEAL 2 The appellee was charged in the Arizona state court in February of 1971 with murder. Prior to trial, he moved for the production of all Brady 1 materials. When the prosecutor denied having any Brady material in his file, the trial commenced and the…