Ernest Lee Brazzel v. State of Washington v. Alice Payne

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• overturning Washington State conviction on federal habeas review because retrial under Ervin violated Fifth Amendment
• considering such an “unable to agree” instruction, distinguishing from genuine deadlock, and concluding retrial on greater offense was barred by double jeopardy (relying on Green, 355 U.S. 184, for analysis)
• “Genuine deadlock is fundamentally different from a situation in which jurors are instructed that if they ‘cannot agree,’ they may compromise by convicting of a lesser alternative crime . . . .”

Source: CourtListener parenthetical corpus (CC0).