Legal Opinion
Dwight Rashad v. Sherry Burt
Court of Appeals for the Sixth Circuit
Decided March 14, 1997No. 96-1040PublishedCited by 57 opinions
1Opinion of the CourtMartin, C.J., joined by Moore, J.,
WELLFORD, J. (pp. 682-83), delivered a separate dissenting opinion.
BOYCE F. MARTIN, Jr., Chief Judge.
Dwight Rashad sought a writ of habeas corpus, alleging that his state court felony conviction for possession with intent to deliver over six hundred and fifty grams of cocaine after an earlier conviction for possession of the same substance violated his rights under the Double Jeopardy Clause of the Fifth Amendment. The district court found double jeopardy and issued the writ. We agree and affirm.
I
Rashad’s two convictions grew out of the execution of a single search warrant at a private home…
2Cases cited9 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Brown v. OhioSupreme Court of the United States · 1977
- United States v. WilsonSupreme Court of the United States · 1975
- NielsenSupreme Court of the United States · 1889
- United States v. JohnsonCourt of Appeals for the Tenth Circuit · 1992
4 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Robert Dale Murr v. United StatesCourt of Appeals for the Sixth Circuit · 2000
- State v. AdelWashington Supreme Court · 1998
- State v. AdelWashington Supreme Court · 1998
- In Re DavisWashington Supreme Court · 2000
- In re the Personal Restraint of DavisWashington Supreme Court · 2000
52 more not listed; retrieve them via the Exa API.