United States Ninth Circuit

The Double Jeopardy Clause prohibits prisoner's retrial. Having once been acquitted of the lesser included offense of intentional murder, he may not be retried on charges of aggravated felony murder.

Appellate Information

• Argued 11/03/2003
• Decided 01/20/2004
• Published 01/20/2004

Judges

• FERGUSON, Circuit Judge., Before ALARCÓN, FERGUSON, and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard L. Wolf (argued), Portland, Oregon, and Dennis N. Balske (briefed), Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Timothy A. Sylwester, Assistant Attorney General, Salem, OR, for the respondent-appellee.