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
Judges
Opinion by Judge King
Dissent by Judge Gregory
Counsel
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