1. Home
  2. Browse Decisions
  3. F.3d
  4. 484 F.3d
  5. 484 F.3d 1087 (2007)
 

BRAZZEL v. WASHINGTON

No. 05-36145.

484 F.3d 1087 (2007)

Ernest Lee BRAZZEL, Petitioner-Appellant, v. State of WASHINGTON, Respondent, v. Alice Payne, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2007.

Attorney(s) appearing for the Case

Russell V. Leonard, Federal Public Defender, Tacoma, WA, for the appellant.

Gregory J. Rosen, Assistant Attorney General, Olympia, WA, for the appellee.

Before B. FLETCHER and McKEOWN, Circuit Judges, and SCHWARZER, District Judge.

McKEOWN, Circuit Judge.

In this 28 U.S.C. § 2254 habeas appeal, Ernest Lee Brazzel challenges, as a violation of the Double Jeopardy Clause, his retrial on an attempted murder charge, after his first jury remained silent on that charge, and convicted him of a lesser alternative offense. Two different juries have now convicted Brazzel of the lesser offense, first degree assault. Both juries failed to reach the alternate and more serious charge of attempted murder...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases