Delgado v. Florida Department of Corrections

WILSON, Circuit Judge:

In 1994, Jesus Delgado was convicted of two counts of first-degree murder, one count of armed burglary, and one count of possession of a firearm by a convicted felon, but those convictions were set aside on appeal by the Florida Supreme Court. In 2004, Delgado was retried and again convicted of two counts of first-degree murder. He claims that this second trial violated the Fifth Amendment’s prohibition on double jeopardy. On direct appeal, the Florida Supreme Court denied him relief, as did the federal district court on his application for a writ of habeas corpus.…