Farmer v. McDaniel, No. 10-99017 (2-17-12) (Bea with Trott and Pallmeyer).
The 9th affirms the denial of a habeas petition challenging a capital sentence on double jeopardy grounds. The petitioner had been condemned to death based on aggravators that the murder arose in the course of committing another felony. The court did not rule on other aggravators presented. The Nevada Supreme Court subsequently found use of such aggravators unconstitutional and vacated the death sentence. The state now seeks to sentence him to death using other aggravators. The 9th concludes that petitioner's double jeopardy rights would not be violated since the state was using different aggravators, which had not be ruled on or decided in the first death sentence.