Holt v. Virginia

MEMORANDUM OPINION

KISER, District Judge.

Petitioner, Gary R. Holt, presents his petition for a writ of habeas corpus pursuant to 28 U.S.C. §§ 2241 and 2254, attacking his state conviction for grand larceny. His petition raises questions of both jurisdiction and substance as follows: (1) whether Holt is “in custody” under the applicable federal habeas corpus statutes; and (2) whether his trial and conviction on a charge of grand larceny after having been acquitted of burglary was violative of the double jeopardy and due process clauses of the Fifth and Fourteenth Amendments to the United States…