Legal Opinion
Greyson v. Kellam
Court of Appeals for the Ninth Circuit
Decided July 1, 1991No. 90-16165PublishedCited by 44 opinions
1Opinion of the Court
FERGUSON, Circuit Judge:
Petitioner-defendant Malcolm Greyson appeals the district court’s dismissal of his habeas corpus petition. Greyson contends that double jeopardy, based on prosecutorial misconduct intended to goad the defendant into moving for a mistrial, bars his fourth trial for murder in state court.
I
Greyson is currently awaiting his fourth trial for the 1983 murder of his seven-month old son.1 He alleges that double jeopardy bars his fourth trial because the prosecution at his third trial intentionally goaded him into requesting a mistrial.2 The trial court denied the motion for…
2Cases cited18 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- Townsend v. SainSupreme Court of the United States · 1963
- Oregon v. KennedySupreme Court of the United States · 1982
- Wade v. HunterSupreme Court of the United States · 1949
- Howard L. Bashor v. Henry Risley, Warden of Montana State Prison and Michael Greely, Attorney General for the State of MontanaCourt of Appeals for the Ninth Circuit · 1984
13 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- James Capps v. George SullivanCourt of Appeals for the Tenth Circuit · 1993
- Calvin JONES, Petitioner-Appellant, v. A.A. GOMEZ, Warden, and John K. Van De Kamp, Respondents-AppelleesCourt of Appeals for the Ninth Circuit · 1995
- United States v. Ruben Zuno-ArceCourt of Appeals for the Ninth Circuit · 2003
- Diane Helen Mannes v. John v. Gillespie, SheriffCourt of Appeals for the Ninth Circuit · 1992
- United States v. Tanh Huu LamCourt of Appeals for the Ninth Circuit · 2001
39 more not listed; retrieve them via the Exa API.