Nature of the Case
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Facts
Adamson (P) was charged with first-degree murder. P negotiated a plea bargain to reduce the charge to second-degree murder for an agreement to testify against certain other defendants. The agreement provided that a failure by P to live up to its terms would result in the nullification of the agreement. D and P complied with the terms of the plea bargain. However, the convictions for the other defendants were overturned, and a new trial for them was ordered. P refused to testify on retrial. The state then filed first-degree murder charges against P. The trial court denied P’s motion to quash the information on double jeopardy grounds, and the Arizona Supreme Court, in special proceedings vacated his second-degree murder conviction and reinstated the original charges, holding that the plea agreement contemplated availability of his testimony against the other individuals at both trial and retrial, that he had violated the agreement's terms, and that the agreement waived the defense of double jeopardy if it was violated. P was convicted and sentenced to death. The judgment was affirmed on direct appeal. The Ninth Circuit granted P's request for habeas corpus. The en banc opinion reasoned that P had not waived his double jeopardy rights by entering into the plea agreement. The Supreme Court granted review.
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