United States Ninth Circuit

On petition for a writ of habeas corpus to challenge a death sentence that Nevada sought to reimpose on the basis of statutory aggravating circumstances different from those used in imposing an earlier invalid death sentence, the district court's denial of the petition is affirmed, as the state’s renewed attempt to seek a death sentence on grounds present in the defendant's first sentencing is not barred by the Double Jeopardy Clause of the Fifth Amendment.

Appellate Information

• Decided 02/07/2012
• Published 02/07/2012

Judges

• Bea

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael Pescetta, Robert Wieland