United States Ninth Circuit

Denial of a petition for a writ of habeas corpus is affirmed where the trial court correctly refused to enter a judgment of acquittal on one charge after the jury returned a not guilty verdict on a separate count because the jury excepted from its verdict seven predicate acts for the second charge upon which it could not agree, thus the verdict was not a resolution of all of the factual elements of the offense charged.

Appellate Information

• Argued 03/06/2007
• Decided 08/02/2007
• Published 08/02/2007

Judges

• GOULD, Circuit Judge:, Before:  RONALD M. GOULD, RICHARD A. PAEZ, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Andrew Parnes, Ketchum, ID, for petitioner-appellant Richard W. Hoyle.


• For Appellees:
  
• Jessica M. Lorello, Deputy Attorney General, Boise, ID, for respondents-appellees Ada County and the State of Idaho.