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