Douglas v. Jacquez, No. 08-17478 - U.S. Ninth Circuit
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Douglas v. Jacquez, No. 08-17478

Habeas Petition in Murder Matter

In Douglas v. Jacquez, No. 08-17478, a habeas petitioner's appeal from the district court's order vacating petitioner's murder conviction, but remanding the case to the state court with instructions for the state court to enter judgment against petitioner for arson of a structure, the court vacated the order where the district court exceeded its habeas powers when it directed the state to modify petitioner's sentence, but the Double Jeopardy Clause would not be implicated if the state court, of its own accord, were to re-sentence petitioner.

  • As the court wrote:  "We are asked to decide whether a federal habeas court can order a state court to re-sentence a defendant under a lesserincluded offense that was not considered by the jury."

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