Jones v. Blankenship

MEMORANDUM OPINION

TURK, Chief Judge.

Petitioner, Carson Alvin Jones, maintains that he is being held pursuant to a judgment of conviction which was obtained in violation of the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution made applicable to the states by the Fourteenth Amendment. On December 22, 1974, Mr. Jones was charged with the murder of Billy Hugh Sutphin and the malicious wounding of Jarel Lee Gillispie, as a result of a shooting incident on that date, in which they were both shot from a single shotgun blast. Petitioner was tried first on the murder…