FENSTERMAKER v. HALVORSON

No. 17-3378.

920 F.3d 536 (2019)

Russell J. FENSTERMAKER Petitioner-Appellant v. Kathy HALVORSON, Warden, McFFaribault Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: April 3, 2019.


Attorney(s) appearing for the Case

Counsel who represented the appellant was Roy George Spurbeck of Saint Paul, MN.

Counsel who represented the appellee was Jennifer Diane Plante of Rochester, MN.

Before SMITH, Chief Judge, LOKEN and GRUENDER, Circuit Judges.


Russell J. Fenstermaker was tried and convicted in Minnesota state court in January 2013. A couple of months earlier, a jury had been impaneled in the prosecution of the same charge against him, but the state trial court declared a mistrial before the trial actually began. The court found that a mistrial was a manifest necessity...

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