United States Fourth Circuit

In habeas proceedings following a murder prosecution, denial of a habeas petition is affirmed where retrying petitioner following a mistrial due to the discovery of the victim's body did not violate the Double Jeopardy Clause because petitioner failed to rebut a factual determination that the victim's body did not constitute "critical" prosecution evidence.

Appellate Information

• Decided 07/16/2009
• Published 07/16/2009

Judges

• Before WILKINSON, KING, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  John Henry Blume, III, Blume, Weyble & Norris, L.L.C., Columbia, South Carolina, for Appellant.  Melody Jane Brown, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee.   ON BRIEF:  Henry D. McMaster, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Office of the Attorney General of South Carolina, Columbia, South Carolina, for Appellee.