California Court of Appeal

Murder conviction reversed where the trial court's conclusion, that a juror was refusing to deliberate, was not a demonstrable reality based on the record. Double jeopardy does not apply to retrial after discharge of a juror without good cause.

Appellate Information

• Decided 11/27/2002
• Published 11/27/2002

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Patricia J. Ulibarri, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Gary W. Brozio and Kyle Niki Shaffer, Deputy Attorneys General, for Plaintiff and Respondent.