Legal Opinion
Haji v. Miller
District Court, E.D. New York
Decided October 24, 2008No. 05 CV 2490PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM & ORDER
DEARIE, Chief Judge.
Petitioner Abidali Haji and his co-defendant Rashid Khan seek a writ of habeas corpus under 28 U.S.C. § 2254, claiming that they committed the crime of conspiracy in the second degree under New York law only once, but were convicted and punished for having done so twice, and that this action of the state, although it was accomplished in only a single proceeding rather than successive trials, nonetheless violates their protections under the Double Jeopardy Clause of the Fifth Amendment as applied to the states under the Fourteenth Amendment. 1 This Court…
2Cases cited43 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Blockburger v. United StatesSupreme Court of the United States · 1931
- North Carolina v. PearceSupreme Court of the United States · 1969
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3Cited by2 opinions
- United States v. RegensbergDistrict Court, S.D. New York · 2009
- Khan v. FischerDistrict Court, E.D. New York · 2008