Christopher X. Bohlen v. Paul D. Caspari William Webster

BEAM, Circuit Judge.

Christopher X. Bohlen appeals the denial of his habeas corpus petition by the district court. Bohlen argues that he was subject to double jeopardy at a resentencing hearing where the state was given a second chance to prove that he is a persistent offender under Missouri law. Finding that double jeopardy protections apply to persistent offender sentencing proceedings in Missouri, we reverse.

I. BACKGROUND

Bohlen, on July 1,1982, was convicted by a jury in the Circuit Court of St. Louis County, Missouri, on three counts of first degree robbery. On October 15, 1982, the trial…