Garcia v. Dretke

EDITH BROWN CLEMENT, Circuit Judge:

Jimmy Fernandez Garcia, Jr. (“Garcia”) seeks habeas relief on the grounds that the State of Texas violated the Double Jeopardy Clause when it tried him for the capital murder of Jimmy Lynn Garza (“Lynn Garza”) after a jury had already acquitted Garcia of the capital murder of David Moran (“Moran”). Garcia contends that collateral estoppel applies because the Moran jury allegedly determined a factual issue that precluded the Lynn Garza jury from finding him guilty of capital murder. We reject this argument, and in so doing reverse the district court’s grant…