HOYLE v. ADA COUNTY

No. 06-35509.

501 F.3d 1053 (2007)

Richard W. HOYLE, Petitioner-Appellant, v. ADA COUNTY, Idaho, District Court; Lawrence Wasden, Attorney General, State of Idaho, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 2, 2007.


Attorney(s) appearing for the Case

Andrew Parnes, Ketchum, ID, for petitioner-appellant Richard W. Hoyle.

Jessica M. Lorello, Deputy Attorney General, Boise, ID, for respondents-appellees Ada County and the State of Idaho.

Before: RONALD M. GOULD, RICHARD A. PAEZ, and JOHNNIE B. RAWLINSON, Circuit Judges.


GOULD, Circuit Judge:

Petitioner-Appellant Richard W. Hoyle was indicted in Idaho on state racketeering charges. By the time the case was submitted to the jury, two counts remained in addition to thirty alleged predicate acts for a third count involving a racketeering charge ("Count B"). After the jury told the trial judge that it could not agree on a number of predicate acts in Count B, the trial judge instructed the jury to note on a special verdict form where there...

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