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
Argued August 10, 2009
Submitted August 14, 2009
Filed January 5, 2010
Opinion by Judge Reinhardt
Dissent by Judge Silverman
JoNell Thomas, David M. Schieck, Scott L. Bindrup, Clark County Special Public Defender, Las Vegas, NV
Steven S. Owens, Clark County District Attorney, Las Vegas, NV
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