United States Ninth Circuit

In a habeas appeal arising from petitioner's retrial on an attempted murder charge, after his first jury remained silent on that charge and convicted him of a lesser alternative offense, denial of his petition for writ of habeas corpus is reversed where the state court grounded its denial of petitioner's double jeopardy claim in a mootness or harmless error analysis in contravention of clearly established U.S. Supreme Court precedent.

Appellate Information

• Argued 12/06/2006
• Decided 04/12/2007
• Published 04/12/2007

Judges

• McKEOWN, Circuit Judge., Before B. FLETCHER and McKEOWN, Circuit Judges, and SCHWARZER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Russell V. Leonard, Federal Public Defender, Tacoma, WA, for the appellant.


• For Appellees:
  
• Gregory J. Rosen, Assistant Attorney General, Olympia, WA, for the appellee.