United States Ninth Circuit

In a capital habeas matter, a denial of petitioner's habeas petition is reversed where the state sought to retry petitioner and seek the death penalty following a mistrial, but there was no manifest necessity for the trial court to have declared a mistrial without first polling the jury in order to determine whether petitioner had been acquitted of the death penalty.

Appellate Information

• Argued 08/10/2009
• Decided 01/05/2010
• Published 01/05/2010

Judges

• Before PROCTER HUG, JR., STEPHEN REINHARDT and BARRY G. SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• JoNell Thomas (argued), David M. Schieck, Scott L. Bindrup, Clark County Special Public Defender, Bret O. Whipple, Law Office of Bret Whipple, Las Vegas, NV, for the petitioner-appellant.


• For Appellees:
  
• Steven S. Owens, Clark County District Attorney, Las Vegas, NV, for the respondent-appellee.