173378P.pdf   04/03/2019  Russell Fenstermaker  v.  Kathy Halvorson
   U.S. Court of Appeals Case No:  17-3378
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Chief Judge Smith, Author, with Loken and Gruender, Circuit 
   Judges] 
   Habeas Case - Double Jeopardy. A state judge declared a mistrial because 
   of an injury sustained by the prosecutor litigating the case and found the 
   mistrial was a manifest necessity. At a subsequent trial, Fenstermaker was 
   found guilty and challenged on appeal the denial of his motion to dismiss 
   on double jeopardy grounds. After exhausting his state court remedies, 
   Fenstermaker filed a petition for writ of habeas corpus. The district 
   court denied relief, concluding the state court did not unreasonably apply 
   clearly established federal law. On appeal, Fenstermaker argues the 
   state's application of clearly established law was unreasonable. 
   Concluding the state trial court deliberately exercised its discretion and 
   weighed the alternatives, the exercise of that discretion was not 
   objectively unreasonable and the denial of the habeas relief is affirmed.