Harrison v. Gillespie, No. 08-16602

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.

Read Harrison v. Gillespie, No. 08-16602

Appellate Information

Argued August 10, 2009

Submitted August 14, 2009

Filed January 5, 2010

Judges

Opinion by Judge Reinhardt

Dissent by Judge Silverman

Counsel

For Appellant:

JoNell Thomas, David M. Schieck, Scott L. Bindrup, Clark County Special Public Defender, Las Vegas, NV

For Appellee:

Steven S. Owens, Clark County District Attorney, Las Vegas, NV