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GLOVER v. EIGHTH JUD. DIST. COURT OF STATE

No. 51941.

220 P.3d 684 (2009)

Shawn Lynn GLOVER, Jr., Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, In and for the COUNTY OF CLARK, and the Honorable David Wall, District Judge, Respondents, and The State of Nevada, Real Party in Interest.

Supreme Court of Nevada.

November 12, 2009.

Attorney(s) appearing for the Case

Philip J. Kohn, Public Defender, and Danny A. Silverstein, Deputy Public Defender, Clark County, for Petitioner.

Catherine Cortez Masto, Attorney General, Carson City; David J. Roger, District Attorney, and Steven S. Owens, Chief Deputy District Attorney, Clark County, for Real Party in Interest.

Before the Court En Banc.

OPINION

By the Court, PICKERING, J.

This petition for a writ of prohibition asks us to decide whether the district court violated petitioner Shawn Glover's double jeopardy rights when it granted a mistrial and ordered him to stand trial a second time on murder and lesser related charges. The district court determined that defense counsel had irretrievably biased the jury by putting before them facts not in evidence, making mistrial a "manifest necessity...

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