John Thomas v. Municipal Court of the Antelope Valley Judicial District of California

Dr. John Thomas, on appeal from the district court’s denial of his petition for a writ of habeas corpus, claims that the double jeopardy clause of the fifth amendment bars his retrial in state court for the assault and battery of his estranged wife. Dr. Thomas contends that (1) the district court improperly determined his attorney had a conflict of interest, and (2) his retrial is barred because the trial judge declared a mistrial sua sponte, after jeopardy had attached, without manifest necessity.

I

In 1979, Wanda Thomas married Dr. Thomas although, at the time, she was still married to a Mr. Popa. Mrs. Thomas’ marriage to Popa was ultimately dissolved in 1981. Joseph W. Fairfield represented Mrs. Thomas in her dissolution from Popa. In March 1985, Mrs. Thomas began dissolution proceedings against Dr. Thomas. Fairfield represented Dr. Thomas in those proceedings.

In August of 1985, the district attorney filed a criminal complaint charging Dr. Thomas with assault and battery of his wife, in violation of California Penal Code §§ 245(a)(1) and 242 (West’s 1988). Trial began in Antelope Valley Municipal Court on December 18, 1985; Fairfield also represented Dr. Thomas in those…