Eddleman v. McKee

OPINION

KETHLEDGE, Circuit Judge.

This case is before us for a second time. In its first iteration, we affirmed the district court’s order that the State retry David Eddleman because his confession to second-degree murder had been unconstitutionally admitted into evidence during the first trial. The district court thereafter ordered Eddleman released from prison and barred his reprosecution, on the ground that the State took too long to conduct the second trial. The State appeals that order, arguing the district court was without jurisdiction to enter it. We agree, and reverse.

I

It appears…