Legal Opinion
Marshall v. Bristol Superior Court
Court of Appeals for the First Circuit
Decided May 23, 2014No. 13-1965PublishedCited by 26 opinions
1Opinion of the Court
LYNCH, Chief Judge.
Petitioner Ryan Marshall was granted a writ of habeas corpus, pursuant to 18 U.S.C. § 2241, on double jeopardy grounds. The writ bars Marshall’s imminent prosecution for the murder of George Carpenter pending in the Bristol County Superior Court.
Marshall was indicted in 2001 and convicted in 2006 as an accessory before the fact to Carpenter’s murder. The Massachusetts Supreme Judicial Court (“SJC”) reversed that conviction in August 2010. It reasoned that although the evidence did establish Marshall’s “active participation in, and presence during, the commission of the…
2Cases cited36 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Burks v. United StatesSupreme Court of the United States · 1978
- Rhines v. WeberSupreme Court of the United States · 2005
- Benton v. MarylandSupreme Court of the United States · 1969
- Tibbs v. FloridaSupreme Court of the United States · 1982
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3Cited by26 opinions
- Powell v. TompkinsCourt of Appeals for the First Circuit · 2015
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- R.J. Reynolds Tobacco Company v. United States Department of AgricultureDistrict Court, District of Columbia · 2015
- United States v. SzpytCourt of Appeals for the First Circuit · 2015
- (PC) Beavers v. HoseyDistrict Court, E.D. California · 2023
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