renico warden lett argued march decided may jury selection jury instructions michigan respondent lett first trial inter alia murder took less nine hours approximately four hours deliberations jury sent trial seven notes including one asking happen jury agree judge called jury attorneys courtroom questioned foreperson said jury unable reach unanimous verdict judge declared mistrial dismissed jury scheduled new trial lett second trial deliberating hours minutes new jury found guilty murder appeal lett argued judge first trial announced mistrial without manifest necessity double jeopardy clause barred state trying second time agreeing michigan appeals reversed conviction michigan reversed concluded perez wheat defendant may retried following discharge deadlocked jury long trial exercised sound discretion concluding jury deadlocked thus manifest necessity mistrial arizona washington appellate must generally defer trial judge determination deadlock reached found judge lett first trial abused discretion declaring mistrial observing jury deliberated sufficient amount time following short noncomplex trial jury sent several notes including one appearing indicate heated discussions foreperson stated jury reach verdict lett federal habeas petition contended michigan rejection double jeopardy claim unreasonable application clearly established federal law determined thus barred antiterrorism effective death penalty act aedpa obtaining federal habeas relief district granted writ sixth circuit affirmed held michigan decision case unreasonable aedpa sixth circuit erred granting lett habeas relief pp question aedpa whether michigan determination unreasonable application clearly established federal law whether incorrect application law see williams taylor aedpa imposes highly deferential standard evaluating rulings lindh murphy demands given benefit doubt woodford visciotti per curiam pp clearly established federal law largely undisputed judge discharges jury grounds jury reach verdict double jeopardy clause bar new trial defendant new jury perez trial judges may declare mistrial opinion taking circumstances consideration manifest necessity high degree necessity washington supra decision whether grant mistrial reserved broad discretion trial judge illinois somerville discretion declare mistrial deadlocked jury accorded great deference reviewing washington supra although deference absolute expressly declined require mechanical application rigid formula wade hunter trial judge decides declare mistrial due jury deadlock explicitly held judge required make explicit findings manifest necessity articulate record factors informing discretion washington supra never required judge circumstances force jury deliberate minimum period time question jurors individually consult counsel issue supplemental jury instruction consider means breaking impasse moreover legal standard applied michigan general one whether abuse broad discretion reserved trial judge somerville supra aedpa authorizes federal grant relief state application federal law unreasonable follows general rule issue thus greater potential reasoned disagreement among judges leeway state courts reaching outcomes determinations yarborough alvarado pp michigan adjudication involved straightforward application longstanding precedents facts lett case state cited double jeopardy cases perez washington applying precedents particular facts finding abuse discretion light length deliberations following short uncomplicated trial jury notes judge fact foreperson stated jury reach verdict thus reasonable determine trial judge exercised sound discretion declaring mistrial sixth circuit concluded otherwise disagreed inferences michigan drawn facts circuit interpretation implausible reasonable interpretations record also possible objectively unreasonable michigan conclude trial judge exercise discretion sound light happened trial fact relevant legal standard general one plainly correct incorrect answer case yarborough supra sixth circuit failed grant michigan courts dual layers deference required aedpa double jeopardy precedents pp sixth circuit also erred relying fulton moore decision proposition arizona washington sets forth three specific factors determine whether judge exercised sound discretion fulton constitute clearly established federal law determined failure apply independently authorize habeas relief aedpa fulton understood merely illuminate decision washington washington set forth test determine whether trial judge exercised sound discretion declaring mistrial pp deny trial judge case thorough declaring mistrial nonetheless steps sixth circuit thought taken required either double jeopardy precedents extension aedpa pp fed appx reversed remanded roberts delivered opinion scalia kennedy thomas ginsburg alito joined stevens filed dissenting opinion sotomayor joined breyer joined parts ii paul renico warden petitioner reginald lett writ certiorari appeals sixth circuit may chief justice roberts delivered opinion case requires us review grant writ habeas corpus state prisoner antiterrorism effective death penalty act aedpa district case issued writ respondent reginald lett ground michigan murder conviction violated double jeopardy clause constitution appeals sixth circuit affirmed however courts misapplied aedpa deferential standard review conclude michigan application federal law unreasonable reverse august argument broke detroit liquor store antagonists included adesoji latona taxi driver charles jones passenger claimed wrongfully ejected latona cab reginald lett friend jones argument began lett left liquor store retrieved handgun another friend outside parking lot returned store shot latona twice head chest latona died wounds shortly thereafter see people lett michigan prosecutors charged lett murder possession firearm commission felony trial took place june jury selection jury instructions trial took less nine hours spread six different days jury deliberations began june ran day resuming work next morning jury sent trial note one seven sent two days deliberations stating jurors concern voice levels disturbing proceedings might going later jury sent another note asking ca agree istrial etrial hat trial transcript reveal whether judge discussed jury query counsel record upon receiving last communication clear judge called jury back courtroom along prosecutor defense counsel jury seated following exchange took place received note asking ca agree conclude situation time like ask foreperson identify please foreperson identified okay thank right need ask jury deadlocked words disagreement verdict foreperson yes right believe hopelessly deadlocked foreperson majority us believe interposing say going say okay foreperson oh sorry want know verdict might split thank okay going reach unanimous verdict foreperson response yes foreperson judge tr recorder detroit pp judge declared mistrial dismissed jury scheduled new trial later year neither prosecutor lett attorney made objection lett second trial held different judge jury november time jury able reach unanimous verdict lett guilty murder deliberating hours minutes lett supra lett appealed conviction michigan appeals argued judge first trial announced mistrial without manifest necessity mistrial error lett maintained state barred double jeopardy clause constitution trying second time michigan appeals agreed lett reversed conviction state appealed michigan reversed appeals explained decision perez wheat defendant may retried following discharge deadlocked jury even discharge occurs without defendant consent lett double jeopardy clause violation circumstances noted long trial exercised concluding jury deadlocked thus mistrial ibid quoting perez supra emphasis deleted observed decision arizona washington appellate must generally defer trial judge determination deadlock reached setting forth applicable law michigan determined judge lett first trial abused discretion declaring mistrial cited facts jury deliberated least four hours following relatively short far complex trial jury sent several notes including one appears indicate discussions may particularly heated ost important jury foreperson expressly stated jury going reach verdict ibid lett petitioned federal writ habeas corpus argued trial declaration mistrial constituted abuse discretion manifest necessity cut short jury deliberations contended michigan rejection double jeopardy claim amounted unreasonable application clearly established federal law determined thus barred aedpa obtaining federal habeas relief district agreed granted writ supp ed appeal divided panel appeals sixth circuit affirmed fed appx state petitioned review granted certiorari ii important outset define question us question whether trial judge declared mistrial even whether abuse discretion done applicable standard direct review question aedpa instead whether determination michigan abuse discretion unreasonable application clearly established federal law explained unreasonable application federal law different incorrect application federal law williams taylor indeed federal habeas may issue writ simply concludes independent judgment relevant decision applied clearly established federal law erroneously incorrectly rather application must objectively unreasonable distinction creates substantially higher threshold obtaining relief de novo review schriro landrigan aedpa thus imposes highly deferential standard evaluating rulings lindh murphy demands decisions given benefit doubt woodford visciotti per curiam clearly established federal law area largely undisputed perez held judge discharges jury grounds jury reach verdict double jeopardy clause bar new trial defendant new jury explained trial judges may declare mistrial whenever opinion taking circumstances consideration manifest necessity decision declare mistrial left sound discretion judge power used greatest caution urgent circumstances plain obvious causes ibid since perez clarified manifest necessity standard interpreted literally mistrial appropriate necessity washington supra decision whether grant mistrial reserved broad discretion trial judge point consistently reiterated decisions illinois somerville see also gori particular trial judge decision declare mistrial considers jury deadlocked accorded great deference reviewing washington mistrial premised upon trial judge belief jury unable reach verdict long considered classic basis proper mistrial see also downum deadlocked jury classic example state may try defendant twice reasons allowing trial judge exercise broad discretion especially compelling cases involving potentially deadlocked jury washington justification deference trial best position assess factors must considered making necessarily discretionary determination whether jury able reach verdict continues deliberate absence deference trial judges might otherwise employ coercive means break apparent deadlock thereby creating significant risk verdict may result pressures inherent situation rather considered judgment jurors say grant absolute deference trial judges context perez noted judge exercise discretion must sound made clear record reveals trial judge failed exercise discretion entrusted reason deference appellate disappears washington thus trial judge acts reasons completely unrelated trial problem purports basis mistrial ruling close appellate scrutiny appropriate ibid similarly trial judge acts irrationally irresponsibly action condoned citing jorn somerville supra expressly declined require mechanical application rigid formula trial judges decide whether jury deadlock warrants mistrial wade hunter also explicitly held trial judge declaring mistrial required make explicit findings articulate record factors informed deliberate exercise discretion washington supra never required trial judge declaring mistrial based jury deadlock force jury deliberate minimum period time question jurors individually consult obtain consent either prosecutor defense counsel issue supplemental jury instruction consider means breaking impasse rehnquist noted never overturned trial declaration mistrial jury unable reach verdict ground necessity standard met winston moore opinion dissenting denial certiorari remains true today nearly years later legal standard applied michigan case whether abuse broad discretion reserved trial judge somerville supra washington supra type general standard triggers another consideration aedpa assessing whether state application federal law unreasonable range reasonable judgment depend part nature relevant rule state must apply yarborough alvarado aedpa authorizes federal courts grant relief state courts act unreasonably follows general rule issue thus greater potential reasoned disagreement among judges leeway state courts reaching outcomes determinations ibid see also knowles mirzayance slip iii light foregoing michigan decision case unreasonable aedpa decision appeals grant lett writ habeas corpus must reversed michigan adjudication involved straightforward application longstanding precedents facts lett case cited double jeopardy cases perez washington elaborating upon manifest necessity standard granting mistrial noting broad deference appellate courts must give trial judges deciding whether standard met given case lett applied precedents particular facts found abuse discretion especially light length deliberations short uncomplicated trial jury notes suggesting heated discussions asking happen ca agree ost important fact jury foreperson expressly stated jury going reach verdict circumstances reasonable michigan determine trial judge exercised sound discretion declaring mistrial appeals sixth circuit concluded otherwise contest michigan description objective facts disagreed inferences drawn example speculated trial judge may misinterpreted jury notes signs discord deadlock read literally expressly stated thing fed determined judge brief colloquy foreperson may wrongly implied false equivalence mere disagreement genuine deadlock may given rise inappropriate pressure say jury unable reach verdict trial judge mistakes egregious appeals view michigan opinion finding abuse discretion wrong objectively unreasonable appeals interpretation trial record implausible matter inventive surely crude speculation dissent post jury deliberated four hours notes arguably ambiguous trial judge initial question foreperson imprecise judge neither asked elaboration foreperson answers took measures confirm foreperson prediction unanimous verdict reasonable interpretations record also possible lett trial complex reason jury necessarily needed hours deliberate guilt notes jury sent judge certainly read reflecting substantial disagreement even say outright important foreperson expressly told judge response unambiguous question going reach unanimous verdict jury unable agree lett supra given foregoing facts michigan decision upholding trial judge exercise discretion necessarily correct objectively number plausible ways interpret record lett trial standard applied michigan whether judge exercised sound discretion general one plainly correct incorrect answer case yarborough see also knowles supra slip appeals ruling lett favor failed grant michigan courts dual layers deference required aedpa double jeopardy precedents appeals also erred second respect relied upon decision fulton moore proposition arizona washington sets forth three factors determine whether judge exercised sound discretion declaring mistrial whether judge heard opinions parties counsel propriety mistrial considered alternatives mistrial acted deliberately instead abruptly fed cited fulton interpretation washington buttress conclusion michigan erred concluding trial judge exercised sound discretion fed fulton decision however constitute clearly established federal law determined failure apply decision independently authorize habeas relief aedpa dissent suggests fulton understood merely illuminat washington post washington nowhere established three factors constitutional test determine whether trial judge exercised sound discretion declaring mistrial fed concluding lett entitled writ habeas corpus deny trial judge thorough declaring mistrial appeals pointed asked foreperson additional followup questions granted additional time deliberations consulted prosecutor defense counsel acting steps appropriate circumstances none however required either double jeopardy precedents extension aedpa aedpa prevents defendants federal courts using federal habeas corpus review vehicle reasonable decisions state courts whether michigan opinion reinstating lett conviction case correct clearly unreasonable judgment appeals reversed case remanded proceedings consistent opinion ordered paul renico warden petitioner reginald lett writ certiorari appeals sixth circuit may justice stevens justice sotomayor joins justice breyer joins parts ii dissenting common law courts went great lengths ensure jury reached verdict english judges reportedly loaded hung juries oxcarts carried town town judgment less enterprising colleagues kept jurors de facto prisoners achieved notion mistrial based jury deadlock appear blackstone commentaries surprise colonial juries virtually always returned well even century american judges continued coax unresolved juries toward consensus threatening deprive lock room prolonged period mercifully legal system evolved harsh measures longer tolerated yet history demonstrates changed respect owed defendant valued right trial completed particular tribunal wade hunter longstanding doctrine applying double jeopardy clause attests durability fundamentality interest reasons right merits constitutional protection worthy repetition arizona washington even first trial completed second prosecution may grossly unfair increases financial emotional burden accused prolongs period stigmatized unresolved accusation wrongdoing may even enhance risk innocent defendant may convicted danger unfairness defendant exists whenever trial aborted completed consequently general rule prosecutor entitled one one opportunity require accused stand trial footnotes omitted underlying idea state resources power allowed make repeated attempts convict individual alleged offense thereby subjecting embarrassment expense ordeal compelling live continuing state anxiety insecurity well enhancing possibility even though innocent may found guilty green come years recognize jury coercion poses serious threat jurors defendants alike accused interest single proceeding must sometimes yield public interest fair trials designed end judgments wade therefore carved exceptions rule exceptions narrow mistrial granted prosecutor request prosecutor must shoulder burden justifying mistrial avoid double jeopardy bar burden heavy one washington judge acts sua sponte declaring mistrial must similarly make sure must enable reviewing confirm deprive defendant valued right ibid case trial judge meet burden record suggests discharged jury without considering less extreme courses action record makes quite clear fully appreciate scope significance ancient right stake michigan decision rejecting reginald lett double jeopardy claim clearly error one disputes genuinely deadlocked jury classic basis declaring mistrial declaration doctrine preclude reprosecution disputed case whether trial judge took adequate care ensure jury genuinely deadlocked long line precedents establishes governing legal principle williams taylor resolving question although acknowledges precedents ante minimizes heavy burden placed trial courts fountainhead decision perez wheat illinois somerville writing unanimous justice story articulated manifest necessity standard continues govern double jeopardy analysis mistrial orders think cases nature law invested courts justice authority discharge jury giving verdict whenever opinion taking circumstances consideration manifest necessity act ends public justice otherwise defeated exercise sound discretion subject impossible define circumstances render proper interfere sure power used greatest caution urgent circumstances plain obvious causes capital cases especially courts extremely careful interfere chances life favour prisoner right order discharge security public faithful sound conscientious exercise discretion rests cases upon responsibility judges oaths office perez wheat passage worthy repetition perez struck careful balance established authority trial judges discharge jury prior verdict recognition novelty potential injustice practice subjected authority several constraints judge may declare mistrial unless manifest necessity act ends public justice require determining whether conditions exist judge must exercise sound discretion conscientious ness greatest caution reserving discharge power urgent circumstances plain obvious causes ibid exact circumstances causes meet bar declined specify recognizing trial proceedings may raise innumerable complications impossible define advance possible grounds interfere nce set forth general standards judicial conduct rather categorical rules specific classes situations ibid seeds entire jurisprudence permissibility retrial following initial mistrial packed one passage later courts fleshed perez without making significant innovations additions justice story formulation quoted provide guidance decision wide variety cases washington consistently adhered subsequent decisions somerville thus repeatedly reaffirmed power discharge jury prior verdict reserved extraordinary striking circumstances downum internal quotation marks omitted trial judge may take weighty step somerville unless scrupulous ly assessed situation take care assure warrants action part foreclosing defendant potentially favorable judgment tribunal jorn plurality opinion exercise sound discretion judge may act irrationally irresponsibly precipitately must instead act deliberately careful ly washington view elusive nature problem mechanical rules substitute double jeopardy mistrial context sensitive application general standards jorn plurality opinion governing legal principles area principles application particular set facts entails element judgment emphasizes also repeatedly reaffirmed trial judges considerable leeway determining whether jury deadlocked bound use specific procedures make specific findings reviewing courts must accord broad deference decisions ante reviewing still important role play application deference course end inquiry washington order ensure defendant constitutional interest adequately protected reviewing courts obligation satisfy words justice story trial judge exercised discretion declaring mistrial ibid record reveals trial judge failed exercise discretion entrusted reason deference appellate disappears trial judges need follow precise regimen facilitate appellate review must least take care ensure basis mistrial order adequately disclosed record precedents contain examples judicial action sides line instance allowed second trial jurors first trial hours deliberation announced open unable agree specific traversable fact called deadlock question logan likewise permitted reprosecution initial judge heard extended argument parties mistrial motion acted evident concern possible double jeopardy consequences erroneous ruling accorded careful consideration defendant interest trial concluded single proceeding washington hand barred retrial first judge acted abruptly cutting prosecutor midstream discharging jury without giving parties opportunity object jorn plurality opinion see also somerville characterizing jorn judge actions erratic opined trial judges considerable leeway deciding whether discharge jury resolve doubt favor liberty citizen rather exercise unlimited uncertain arbitrary judicial discretion downum internal quotation marks omitted ii accurately describes events leading trial judge declaration mistrial ante glides quickly number details taken together show decisionmaking neither careful well considered manifest necessity sound discretion standards force must demand trial courts probably fair say trial especially complex ante neither trivial affair lett charged serious crimes murder well possession firearm commission felony faced potential sentence life imprisonment convicted seventeen witnesses provided testimony course calendar days see supp ed see also discussing piecemeal fashion evidence presented jury jury first period deliberation thursday afternoon lasted less minutes jury likely spent brief session little electing foreperson people lett cavanagh dissenting jury deliberated hours friday morning prior discharge time sent trial seven notes inconsequential routine queries first note friday morning raised concern jurors voice levels letter mccowan clerk mar nothing record relates concern substance tenor discussion jury sent fateful missive asking ca agree istrial etrial hat ibid seconds later still jury sent another note lunch ibid trial judge initiated colloquy foreperson concluded mistrial declaration see ante reproducing transcript colloquy even accounting imprecision oral communication judge made inordinate number logical legal missteps short exchange cf somerville critiquing erratic mistrial inquiry take much exegetical skill spot judge began stating received note asking ca agree conclude situation time ante sion non sequitur note asked happen jury agree gave indication jury already reached irrevocable impasse judge ignored request information note actually contained instead announced deadlock jury time thereby prejudging question ostensibly summoned foreperson probe namely whether jury fact deadlocked judge continued need ask jury deadlocked words disagreement verdict ante federal appeals observed question improperly conflated deadlock mere disagreement fed appx deadlock condition situation impossible proceed act complete standstill oxford english dictionary ed disagreement among jurors perfectly normal come close approaching imperious necessity required discharge downum trial judge modulated inquiry believe jury hopelessly deadlocked ante foreperson midst replying majority us believe judge appears cut ibid one fault trial judge wanting preserve secrecy jury deliberations supp two aspects foreperson truncated reply notable first tends show foreperson feel prepared declare definitively jury hopelessly deadlocked ibid prepared hard see begin response descriptive account viewpoint second foreperson reply suggests jury may leaning toward acquittal admittedly crude speculation entirely possible foreperson process saying majority us believe guilty majority us believe sufficient evidence prove one counts retrial lett convicted counts possibilities submit linguistically probable something like following majority us believe lett guilty whereas minority us believe hopelessly deadlocked matter logically far probable something along lines majority us believe ever able reach verdict foreperson given opportunity poll colleagues point yet implausible endings supported conclusion manifestly necessary discharge judge steered conversation back issue deadlock asking going reach unanimous verdict ante foreperson hesitated judge persisted ibid foreperson replied judge ibid two aspects interchange also notable first judge question though direct actually rather ambiguous gave foreperson temporal legal context within understand asked supp foreperson easily thought judge meant going reach unanimous verdict next hour lunch recess end day ibid emphasis deleted even foreperson assumed time constraint easily thought judge meant estimation likely reach unanimous verdict affirmative answer question likewise fall far short manifest necessity second foreperson hesitation suggests lack confidence position alone called question propriety mistrial order judge bore demanded unqualified answer time worry judicial coercion juries worry judges pressuring manner keep deliberating return verdict may otherwise chosen judge exerted pressure prevent jury reaching verdict cut deliberations well point clear longer fruitful recall prior summoning foreperson colloquy trial judge gave opportunity consult jurors matter discussed foreperson solid basis estimating likelihood deadlock recall well almost immediately sending judge note asking happen disagreed jury sent note asking lunch plainly group prepared go work judge declared mistrial spot entire exchange foreperson took three minutes app pet cert entire jury deliberations took roughly four hours judge gave parties opportunity comment foreperson remarks much less question mistrial cf washington trial judge gave defense counsel prosecutor full opportunity explain positions propriety mistrial fed rule crim proc ordering mistrial must give defendant government opportunity comment propriety order state whether party consents objects suggest alternatives soon judge declared mistrial set new pretrial date discharged jury concluded proceedings everyone free take weekend app pet cert addition remarkable hast washington inexplicabl abrupt ness fed acted remarkable trial judge never trial judge consider alternatives otherwise provide evidence exercised sound discretion example judge poll jurors give instruction ordering deliberations query defense counsel thoughts continued deliberations indicate record mistrial declaration necessary lett cavanagh dissenting judge invite argument input prosecutor make findings fact provide statements illuminating thought process follow foreperson final response give evident consideration ends public justice balance defendant rights state interests manner discharge decision made contravened standard judge may constitutional obligation take one aforementioned measures obligation exercise sound discretion thus assure er self situation warrant ed action er part foreclosing defendant potentially favorable judgment tribunal jorn plurality opinion add factors fail see trial judge exercised anything resembling sound discretion declaring mistrial defined term indeed fail see record disclose much less evidence sound decisionmaking within realm realistic nonpretextual possibilities mistrial declaration precipitate one liable find despite multitude cases involving mistrials arisen years neither petitioner able identify abrupt judicial action upheld see tr oral arg even prosecutor felt compelled acknowledge trial decision discharge jury error fed quoting postconviction hearing transcript michigan contrary conclusion unreasonable suggested abuse discretion found result palpably grossly violative fact logic evidences exercise perversity exercise judgment defiance thereof lett quoting waterbury headers finding record case provides sufficient justification mistrial declaration lett concluded declaration constituted permissible exercise judicial discretion listed without explaining several reasons conclusion jury deliberated least four hours following relatively short far complex trial sent several notes course deliberations including one appears indicate discussions may particularly heated parties object mistrial order ost important jury foreperson expressly stated jury going reach verdict ibid see ante reprising list reasons suffice justify mistrial order four hours long time jury deliberations particularly murder case indeed remarkable jurors review testimony witnesses time given let alone conclude deadlocked supp jury note pertaining volume level necessarily indicate anything heated ness lett discussion suggestion record case trial judge draw conclusion supp although preferable lett tried lodge objection defense counsel given meaningful opportunity judge discharged jury simultaneously mistrial order counsel received advance notice either action may even informed content jury notes see ante fed point actual declaration mistrial even mentioned record potential course action summary nature trial actions rendered objection unlikely meaningless internal quotation marks omitted counsel failure object therefore legally detailed foreperson remarks far equivocal ambiguous context michigan allowed michigan defense trial actions thus weak terms collapses entirely weight many defects trial process virtually either overlooked discounted unreasonableness michigan decision highlighted decisions three courts addressed lett double jeopardy claim ruled favor well dissent filed two michigan justices opinion state prosecutor decision unfortunately compounds deleterious consequences michigan ruling although trial judge decision entitled great deference place reviewing extract factoids record attempt salvage bad decision supp iii really try vindicate michigan merits instead ascribes today outcome antiterrorism effective death penalty act aedpa foregoing analysis shows michigan ruling saved however construed ruling incorrect also unreasonable fair measure three particular facets aedpa analysis require brief comment first fact substantive legal standard applied state general one bearing standard review ante said general rule leeway courts reaching outcomes determinations yarborough alvarado statement stands unremarkable proposition broadly framed rules tend encompass broader set conforming applications regardless nature legal principle issue task federal remains determine whether state decision contrary involved unreasonable application clearly established federal law general standards less binding law discrete second agree federal appeals erred rel ying upon decision applying arizona washington ante sixth circuit well aware decision constitute established federal law determined ante quoting panel expressly stated review ed michigan decision determine whether objectively unreasonable light holdings fed panel examined precedents relevant clearly established federal law aedpa tool illuminating precise contours law lower courts routinely look circuit cases provide evidence precedents ha clearly established rule particular time shed light state courts application existing precedents hertz liebman federal habeas corpus practice procedure ed hereinafter hertz liebman healthy practice indeed vital practice considering cases decides never disapproved finally agree aedpa authorizes dual layers deference utilized case ante little doubt aedpa directs federal courts attend every judgment utmost care williams opinion stevens statute never uses term deference legislative history makes clear congress meant preserve robust review see also hertz liebman summarizing congressional record noting aspect prior practice troubled aedpa supporters federal inattention lack respect state decisions federal looked find legally correct attempt prevent federal courts exercising independent review habeas applications radical reform dubious constitutionality congress spoken much greater clarity intent williams opinion stevens two levels absolutely necessary us decide whether michigan decision right wrong ante federal judge firmly convinced decision wrong view statutory duty uphold might also constitutional obligation reverse regardless one conceptualizes distinction incorrect unreasonable ruling one must always determine whether ruling wrong able test magnitude error substantive methodological considerations compel federal courts give habeas claims full independent review decide even aedpa escaping burden judgment case reginald lett constitutional rights violated trial terminated first trial without adequate justification subsequently prosecuted offense majority appear dispute point nevertheless denies lett relief applying level deference state ruling effectively effaces role federal courts nothing one find code reports requires us turn blind eye manifestly unlawful conviction respectfully dissent footnotes dissent correctly points aedpa never uses term post opinion stevens cases done describe effect threshold restrictions granting federal habeas relief state prisoners see wellons hall per curiam slip smith spisak slip mcdaniel brown per curiam slip cone bell slip knowles mirzayance slip waddington sarausad slip think reasonable however contend foreperson solid basis estimating likelihood deadlock post participated jury deliberations necessary us decide whether michigan decision matter trial judge declaration mistrial right wrong latter question particular close one lett points hearing michigan appeals state prosecutor expressed view judge fact erred dismissing jury declaring mistrial michigan declined accept confession error people lett event reasons explained whether trial judge right wrong pertinent question aedpa footnotes comment deadlocked juries dynamite critical look allen charge chi rev citing crabb history english law see king ledgingham vent eng hale pleas crown baker introduction english legal history ed see also holdsworth history english law rev ed evidence sides closed blackstone observed criminal cases jury discharged till given verdict commentaries laws england see thomas greenbaum justice story cuts gordian knot hung jury instructions wm mary bill rights according scholars first report mistrial failure reach verdict american ibid see mead richland center see commonwealth moore see cole swan greene iowa see canterberry commonwealth justice harlan observed power government subject individual repeated prosecutions offense cut deeply framework procedural protections constitution establishes conduct criminal trial jorn plurality opinion see also gori perez authoritative starting point law field see also jorn final analysis judge must always temper decision whether abort trial considering importance defendant able conclude confrontation society verdict tribunal might believe favorably disposed fate jorn technically plurality opinion relevant respects majority product justices black brennan believed lacked jurisdiction appeal reason withheld full assent statement concurring judgment however view decision majority reach merits join ed judgment ibid petitioner acknowledges jorn broke new ground holding consistent broader perez reply brief petitioner see brief petitioner recognizing constitutional floor accord arizona washington illinois somerville downum gori another reading foreperson reply available statement majority us believe may complete sentence words may meant convey majority us believe hopelessly deadlocked transcript places em dash rather period word hardly dispositive evidence intonation intent however trial judge contemporaneous reaction fact foreperson permitted consult jurors issue deadlock respondent failure advance reading undercut plausibility see aba standards criminal justice discovery trial jury pp ed trial judge able send jury back deliberations notwithstanding indication unable agree general view may send jury back additional deliberations even though jury indicated twice several times agree even jurors requested discharged believed jury permitted avoid reasonable period deliberation merely repeated indications unhappy inability agree federal judicial center manual recurring problems criminal trials ed declaring mistrial trial judge must consider procedural alternatives mistrial finding none adequate make finding manifest necessity declaration mistrial national conference state trial judges judicial administration division american bar association national judicial college judge book ed jury given full opportunity decide case considering number days evidence heard state justice institute national center state courts national judicial college jury trial management century module online http visited apr available clerk case file jurors offered assistance apparent impasse like trial michigan make factual findings bolster unreasonable legal conclusion state appeals noted trial judge declared mistrial soon extracted suggestive answer foreperson never even found record jury genuinely deadlocked people lett wl apr per curiam see also people lett trial articulate rationale record michigan expressly declined commit position jury really deadlocked manifest necessity really exist see issue whether found manifest necessity accordingly even apply appeal determination factual issue made state presum correct event none relevant facts case disputed argument concerning properly raised passed upon see jorn plurality opinion ndeed trial judge acted abruptly discharging jury defendant disposed object discharge jury opportunity see also lett wl noting failure object jury discharge constitute consent michigan law defendant affirmative request consent mistrial may relevant double jeopardy inquiry see jorn plurality opinion never suggested defendants must object orders preserve claim much less object order issued sua sponte without advance notice recognition basic insight precedents made clear decision may unreasonable within meaning state misapplied legal principle set facts different case principle announced wiggins smith quoting lockyer andrade see also williams taylor critical feature aedpa jurisprudence federal habeas review meaningless relief granted required perfect congruence facts gave rise governing precedents facts confronted state particular case