Legal Opinion
Garrison v. Burt
District Court, S.D. Iowa
Decided March 1, 2010No. 4:08-cv-474PublishedCited by 1 opinion
1Opinion of the Court
ORDER
JOHN A. JARVEY, District Judge.
This matter comes before the Court pursuant to Howard Paul Garrison’s (“Garrison”) November 19, 2008 Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Dkt. No. 1). Garrison challenges convictions in state court for two counts of first-degree murder. In his petition for relief, Garrison claims that the trial information should have been dismissed because the prosecutor intentionally engaged in misconduct that forced a second trial, thereby violating the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. Garrison…
2Cases cited105 opinions
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- Coleman v. ThompsonSupreme Court of the United States · 1991
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Wiggins v. Smith, WardenSupreme Court of the United States · 2003
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3Cited by1 opinion
- Garrison v. BurtCourt of Appeals for the Eighth Circuit · 2011