James Pettaway v. Charles Plummer, Sheriff of Alameda County

BEEZER, Circuit Judge:

James Pettaway seeks a writ of habeas corpus on the ground that the State of California’s attempt to retry him for murder on the theory that he was the actual perpetrator of the murder violates the Double Jeopardy Clause. In a prior state court criminal proceeding, a jury determined that he did not actually perpetuate the murder. The district court denied the petition. We reverse.

I

At Pettaway’s first state court trial, it was established that on May 1, 1981, Petta-way, Lowana Walker and Michael Seals were at the house of Karen Taylor. At some point, Walker handed…