Jenkins

MEMORANDUM **

Washington state prisoner Sidney Donald Jenkins, III, appeals pro se the district court’s order denying his 28 U.S.C. § 2254 habeas petition, challenging his 1999 conviction for first degree felony murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Appellant contends that his double jeopardy rights were violated when the trial *99 court sua sponte ordered a mistrial after a melee erupted in the courtroom, and appellant was retried and convicted. Upon declaration of a mistrial, jeopardy will not attach and retrial will be permitted only if the defendant consented to the mistrial or if there was a manifest necessity to declare a mistrial. See United States v. Bates, 917 F.2d 388, 392 (9th Cir.1991) (citing Arizona v. Washington, 434 U.S. 497, 505 , 98 S.Ct. 824 , 54 L.Ed.2d 717 (1978)). Upon review of the record, we conclude that the physical attacks on the appellant in the presence of the jury by the victim’s brother and sister, the victim’s mother’s improper contact with the jurors in the courtroom, and the shackling of appellant in front of the jurors, collectively amounted to error that would clearly require reversal if the trial had…