DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
101709P.pdf 03/08/2011 Howard Garrison v. Jerry Burt
U.S. Court of Appeals Case No: 10-1709
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Riley, Author, with Melloy and Gruender, Circuit Judges]
Prisoner case - Habeas. Garrison's second trial did not violate his
double jeopardy rights as there was no evidence the prosecutor's actions
in the first trial, while later determined to be a basis for reversal, were
intended to provoke a mistrial; prosecutor's redirect examination at the
second trial did not violate Garrison's Fourteenth Amendment right to a
fair trial as the question, while inartful, was not so inappropriate as to
make the trial fundamentally unfair; evidence was constitutionally
sufficient to support Garrison's murder convictions.