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EARNEST v. DORSEY

No. 94-2217.

87 F.3d 1123 (1996)

Ralph Rodney EARNEST, Petitioner-Appellant, v. Donald DORSEY, Attorney General of the State of New Mexico, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

June 26, 1996.

Attorney(s) appearing for the Case

J. Thomas Sullivan, Little Rock, Arkansas (Susan Gibbs, Santa Fe, New Mexico, with him on the brief), for Petitioner/Appellant.

William McEuen, Assistant Attorney General, Sante Fe, New Mexico (Tom Udall, Attorney General, with him on the brief), for Respondent/Appellee.

Before EBEL and HOLLOWAY, Circuit Judges, and BROWN, District Judge.

EBEL, Circuit Judge.

Ralph Rodney Earnest appeals the district court's denial of his petition for a writ of habeas corpus. Earnest seeks relief on the grounds that: (1) he was retried after his first trial ended in a mistrial, in violation of the Double Jeopardy Clause of the Fifth Amendment; (2) a custodial statement by a nontestifying accomplice was admitted into evidence at his retrial in violation of the Confrontation Clause of the Sixth Amendment;

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