Block on Trump's Asylum Ban Upheld by Supreme Court
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.
Argued: January 28, 2009
Decided: July 16, 2009
Opinion by Judge King
Dissent by Judge Gregory