Gouleed v. Wengler, No. 09-1256
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.
Submitted: November 18, 2009
Filed: December 23, 2009
Opinion by Judge Murphy