[Download] "Duffel V. Dutton" by United States Court Of Appeals For The Sixth Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Duffel V. Dutton
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 05, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
This appeal from denial of a petition for a writ of habeas corpus presents a double jeopardy issue arising out of the retrial of an habitual criminal charge after the original sentence had been vacated for insufficiency of evidence. The district court concluded that the Fifth Amendment did not prohibit a second trial because the insufficiency of evidence was caused by an erroneous ruling of the state trial court that excluded evidence offered by the State. The excluded evidence would have cured the deficiency. The petitioner also contends that the State violated due process by adding habitual criminal enhancement to a sentence that had already been enhanced. Oral argument was waived by the parties, and this appeal was submitted on the briefs. We disagree with the petitioner on both issues, and affirm.