United States Eighth Circuit

In a prosecution charging petitioner with the unintentional felony murder of his infant daughter, the denial of petitioner's habeas petition is affirmed where: 1) the trial judge clearly articulated the fundamental problem created by a witness's discovery violation, explored potential remedies, and allowed both parties to express their positions on the mistrial, and this was an adequate decision-making process; and 2) regardless of whether striking the witness's testimony would have unquestionably led to reversal of an eventual conviction, it would have been extremely prejudicial to defendant, and thus the second trial of petitioner was permissible under the Double Jeopardy Clause.

Appellate Information

• Decided 12/24/2009
• Published 12/24/2009

Judges

• MURPHY, Circuit Judge., Before MURPHY, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael Francis Cromett, argued, St. Paul, MN, for appellant.


• For Appellees:
  
• Mitchell Lewis Rothman, argued, St. Paul, MN, for appellee.