Legal Opinion
Foxworth v. Maloney
Court of Appeals for the First Circuit
Decided January 24, 2008No. 06-2379PublishedCited by 26 opinions
1Opinion of the Court
SELYA, Senior Circuit Judge.
Applicants for habeas corpus relief often present an array of claims, some of which yield broader redress than others. The king of habeas remedies is an order for unconditional release with prejudice to re-prosecution. If the fact of the petitioner’s prosecution (or any reprosecution upon the vacation of his conviction) would violate the Constitution, that relief will follow. A paradigmatic example of this phenomenon is when jeopardy has attached and the evidence adduced at trial is found, upon collateral review, to be constitutionally insufficient to sustain the…
2Cases cited22 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Bruton v. United StatesSupreme Court of the United States · 1968
- Neil v. BiggersSupreme Court of the United States · 1972
- Burks v. United StatesSupreme Court of the United States · 1978
- Hilton v. BraunskillSupreme Court of the United States · 1987
17 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Hoffler v. BezioCourt of Appeals for the Second Circuit · 2013
- State v. CourchesneSupreme Court of Connecticut · 2010
- Foxworth v. St. AmandCourt of Appeals for the First Circuit · 2009
- O'Laughlin v. O'BrienCourt of Appeals for the First Circuit · 2009
- Evans v. ThompsonCourt of Appeals for the First Circuit · 2008
21 more not listed; retrieve them via the Exa API.