DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091256P.pdf 12/23/2009 Said Moussa Gouleed v. Timothy Wengler
U.S. Court of Appeals Case No: 09-1256
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Murphy, Author, with Smith and Benton, Circuit Judges]
Prisoner case - habeas. Minnesota Supreme Court's reinstatement of
Gouleed's conviction was not contrary to or an unreasonable application
of United States Supreme Court precedent construing the double jeopardy
clause; trial judge properly exercised his discretion in considering the
potential double jeopardy consequences of granting a mistrial when
confronted by discovery violation, and the Minnesota Supreme Court did
not unreasonably apply U.S. Supreme court precedent in determining a
second trial was constitutionally permissible.