Legal Opinion
Jerrold E. Rivera v. Margaret Pugh, Commissioner of Corrections
Court of Appeals for the Ninth Circuit
Decided November 15, 1999No. 98-35900PublishedCited by 9 opinions
1Opinion of the Court
BOOCHEVER, Circuit Judge:
Jerrold Rivera appeals from the district court’s denial of his writ of habeas corpus. He argues that his criminal prosecution and punishment in Alaska for refusing a chemical breath test violated the Double Jeopardy Clause of the Fifth Amendment, because the state had already revoked his driver’s license for the same behavior.
FACTS AND PROCEDURE
Jerrold Rivera was arrested on December 18, 1994 in Ketchikan, Alaska, and was charged with driving while intoxicated, refusing to submit to a chemical breath test, and driving while his license was suspended or revoked. The…
2Cases cited13 opinions
- Lindh v. MurphySupreme Court of the United States · 1997
- United States v. DixonSupreme Court of the United States · 1993
- Hudson v. United StatesSupreme Court of the United States · 1997
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
- Herbert v. BillyCourt of Appeals for the Sixth Circuit · 1998
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3Cited by9 opinions
- The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife ServiceCourt of Appeals for the Ninth Circuit · 2003
- Club Misty, Inc., Doing Business as Tequila Roadhouse v. James Laski, Clerk of the City of ChicagoCourt of Appeals for the Seventh Circuit · 2000
- State v. RodriguezCourt of Appeals of Arizona · 2000
- Blue Moon Enterprises, Inc. v. Pinellas County Department of Consumer ProtectionDistrict Court, M.D. Florida · 2000
- United States v. RevelesCourt of Appeals for the Ninth Circuit · 2011
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