United States Ninth Circuit

Denial of defendant's motion to dismiss in a prosecution for cocaine offenses is affirmed over a claim that a previous mistrial based on manifest necessity was unwarranted as there existed no conflict of interest of defense counsel, and the Double Jeopardy Clause barred defendant's further prosecution.

Appellate Information

• Argued 11/21/2005
• Decided 04/18/2006
• Published 04/18/2006

Judges

• CLIFTON, Circuit Judge., Before MYRON H. BRIGHT,McKEOWN, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Joseph T. Vodnoy (argued) and Joseph F. Walsh, Los Angeles, CA, for the defendant-appellant., Edward H. Kubo, Jr., U.S. Attorney, and Beverly Wee Sameshima, Assistant U.S. Attorney (argued), Honolulu, HI, for the plaintiff-appellee.