White v. Howes, No. 08-1458 - Criminal Law - U.S. Sixth Circuit
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White v. Howes, No. 08-1458

District court's grant of petition for habeas relief on the ground that the trial court violated the Double Jeopardy Clause by convicting defendant for both the felon in possession statute and the felony firearm statute is reversed as current jurisprudence allows for multiple punishment for the same offense provided the legislature has clearly indicated its intent to so provide and recognizes no exception for necessarily included or overlapping offenses.     

Read White v. Howes, No. 08-1458

Appellate Information

Argued: June 19, 2009

Decided and Filed: November 20, 2009

Judges

Opinion by Circuit Judge White

Counsel

For Appellant:   Brad H. Beaver, Office of the Michigan Attorney General

For Appellee:   C. Mark Pickrell, Waller Lansden Dortch & Davis, LLP