Charles Jess Palmer v. Gary Grammer, Warden of the Nebraska State Penitentiary

BOWMAN, Circuit Judge.

Charles Jess Palmer appeals the District Court’s dismissal of his petition for a writ of habeas corpus. Palmer, convicted of capital felony murder, bases his claim for relief on the Double Jeopardy Clause. His claim rests on the argument that when, as in his case, a court has held that some of the prosecution’s evidence was erroneously admitted and the court has reversed the conviction for that reason, the defendant cannot be retried unless the court first determines that the remaining, properly-admitted evidence was sufficient to support the jury’s verdict finding the…