Ralph Rodney Earnest v. Donald Dorsey, Attorney General of the State of New Mexico

EBEL, Circuit Judge.

Ralph Rodney Earnest appeals the district court’s denial of his petition for a writ of habeas corpus. Earnest seeks relief on the grounds that: (1) he was retried after his first trial ended in a mistrial, in violation of the Double Jeopardy Clause of the Fifth Amendment; (2) a custodial statement by a nontestifying accomplice was admitted into evidence at his retrial in violation of the Confrontation Clause of the Sixth Amend ment; and (3) on retrial, the prosecutor impermissibly referred to Earnest’s post-arrest silence. We have jurisdiction under 28 U.S.C. § 2253 and…