Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Gouleed v. Wengler, No. 09-1256

Article Placeholder Image
By FindLaw Staff on December 26, 2009 1:48 PM

In a prosecution charging petitioner with the unintentional felony murder of his infant daughter, the denial of petitioner's habeas petition is affirmed where: 1) the trial judge clearly articulated the fundamental problem created by a witness's discovery violation, explored potential remedies, and allowed both parties to express their positions on the mistrial, and this was an adequate decision-making process; and 2) regardless of whether striking the witness's testimony would have unquestionably led to reversal of an eventual conviction, it would have been extremely prejudicial to defendant, and thus the second trial of petitioner was permissible under the Double Jeopardy Clause.

Read Gouleed v. Wengler, No. 09-1256

Appellate Information

Submitted: November 18, 2009

Filed: December 23, 2009

Judges

Opinion by Judge Murphy

Find a Lawyer

More Options