In re Habeas Corpus Petition of Hoang

The opinion of the court was delivered by In this habeas corpus proceeding the petitioner, Thai Do Hoang,
contends a mistrial was improperly declared and a retrial would
violate his constitutional right not to be placed in jeopardy
twice for the same offense. Hoang was charged with two counts of first-degree felony murder
(K.S.A. 21-3401), one count of arson (K.S.A. 21-3718), and one
count of burglary (K.S.A. 21-3715). The charges arose from an
incident occurring during the early morning of October 8, 1986,
wherein two men died in an after-hours fire at a restaurant. The
State contended Hoang had been hired to set the fire, and the two
dead men had been hired by Hoang to assist him in completing his
arson contract. The district court held that felony murder was
inapplicable to deaths of accomplices and dismissed
[245 Kan. 561]