HARRISON v. GILLESPIE

No. 08-16602.

590 F.3d 823 (2010)

James M. HARRISON, Petitioner-Appellant, v. Douglas GILLESPIE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted August 14, 2009.

Filed January 5, 2010.


Attorney(s) appearing for the Case

JoNell Thomas (argued), David M. Schieck, Scott L. Bindrup, Clark County Special Public Defender, Bret O. Whipple, Law Office of Bret Whipple, Las Vegas, NV, for the petitioner-appellant.

Steven S. Owens, Clark County District Attorney, Las Vegas, NV, for the respondent-appellee.

Opinion by Judge REINHARDT; Dissent by Judge SILVERMAN.


REINHARDT, Circuit Judge:

A jury may have acquitted James Harrison of the death penalty. We will never know, because the trial court denied his request to ask the jury two simple questions that could have conclusively established that fact, and instead dismissed the jurors. Now, the State of Nevada seeks once again to have him executed. Harrison asserts that a retrial on the death penalty would violate the Double Jeopardy Clause.

The State prosecuted Harrison...

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