United States Ninth Circuit

In a capital habeas matter, a denial of the petition is reversed where the state trial court abused its discretion by declaring a mistrial without first polling the jury, as requested by petitioner, in order to determine whether petitioner had been acquitted of the death penalty. Further, the state may not seek the death penalty at a sentencing retrial, and no such penalty may be imposed by the court. (Superseding opinion)

Appellate Information

• Argued 08/10/2009
• Decided 02/22/2010
• Published 02/22/2010

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.