Greyson v. Kellam

937 F.2d 1409 Malcolm George GREYSON, Petitioner-Appellant, v. John E. KELLAM, Acting Administrator, Oahu Community Correctional Center; Harold Falk, Director, Department of Corrections, State of Hawaii, Respondents-Appellees. No. 90-16165. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1991. Decided July 1, 1991. Myles S. Breiner and Susan Barr, Honolulu, Hawaii, for petitioner-appellant. Charlotte J. Duarte, Deputy Pros. Atty., Honolulu, Hawaii, for respondents-appellees. Appeal from the United States District Court for the District of Hawaii. Before SCHROEDER, FLETCHER and FERGUSON, Circuit Judges. FERGUSON, Circuit Judge: 1 Petitioner-defendant Malcolm Greyson appeals the district court's dismissal of his habeas corpus petition. Greyson contends that double jeopardy, based on prosecutorial misconduct intended to goad the defendant into moving for a mistrial, bars his fourth trial for murder in state court. I. 2 Greyson is currently awaiting his fourth trial for the 1983 murder of his seven-month old son. 1 He alleges that double jeopardy bars his fourth trial because the prosecution at his third trial intentionally goaded him into requesting a…