Legal Opinion
Wilson v. Belleque
Court of Appeals for the Ninth Circuit
Decided February 5, 2009No. 07-35478PublishedCited by 113 opinions
1Opinion of the Court
BYBEE, Circuit Judge:
Gregory Paul Wilson appeals the district court’s denial of his petition for a writ of habeas corpus to prevent the State of Oregon from retrying him on three charges of felony murder. We first address two jurisdictional issues: Whether Wilson is currently “in custody” within the meaning of 28 U.S.C. § 2241(c)(3), and whether we may consider his appeal when no certifí-cate of appealability (“COA”) has been issued. 28 U.S.C. § 2253(c)(1)(A). Concluding that Wilson’s appeal is properly before us, we reject his double jeopardy claim and affirm the district court’s denial of…
2Cases cited58 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Ashe v. SwensonSupreme Court of the United States · 1970
- Benton v. MarylandSupreme Court of the United States · 1969
53 more not listed; retrieve them via the Exa API.
3Cited by113 opinions
- Evans v. Circuit Court of Cook County, Ill.Court of Appeals for the Seventh Circuit · 2009
- Robert Murray v. Dora SchriroCourt of Appeals for the Ninth Circuit · 2014
- Bills v. ClarkCourt of Appeals for the Ninth Circuit · 2010
- Hayward v. MarshallCourt of Appeals for the Ninth Circuit · 2010
- Bailey v. HillCourt of Appeals for the Ninth Circuit · 2010
108 more not listed; retrieve them via the Exa API.