U.S. Fourth Circuit - The FindLaw 4th Circuit Court of Appeals Opinion Summaries Blog

Baum v. Rushton, No. 07-7589

In habeas proceedings following a murder prosecution, denial of a habeas petition is affirmed where retrying petitioner following a mistrial due to the discovery of the victim's body did not violate the Double Jeopardy Clause because petitioner failed to rebut a factual determination that the victim's body did not constitute "critical" prosecution evidence.

Read Baum v. Rushton, No. 07-7589

Appellate Information

Argued: January 28, 2009

Decided: July 16, 2009


Opinion by Judge King

Dissent by Judge Gregory


For Appellant:

John Henry Blume, III, Blume, Weyble & Norris, L.L.C., Columbia, SC

For Appellee:

Melody Jane Brown, Office of the Attorney General of South Carolina, Columbia, SC