United States Ninth Circuit

Defendant's legal sanity on the day of a currently charged act was within the scope of the issue actually litigated and necessarily decided in a prior prosecution, thus second prosecution violated Double Jeopardy principles.

Appellate Information

• Argued 08/13/2002
• Decided 10/01/2002
• Published 10/01/2002

Judges

• McKEOWN, Circuit Judge., Before: KOZINSKI and McKEOWN, Circuit Judges, and FITZGERALD, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Daniel G. Bogden, United States Attorney, Kurt P. Schulke, Chief, Criminal Division & Organized Crime Strike Force, Kathleen Bliss, Assistant United States Attorney, Las Vegas, NV, for the plaintiff-appellee., Franny A. Forsman, Federal Public Defender, John C. Lambrose, Assistant Federal Public Defender, Michael K. Powell, Assistant Federal Public Defender, Cynthia S. Hahn, Research & Writing Attorney, Las Vegas, NV, for the defendant-appellant.