Can a defendant in a state criminal trial seek federal habeas corpus relief for a double jeopardy claim even in the pretrial period?

MultiRegion, United States of America

The following excerpt is from Sherwood v. Tomkins, 716 F.2d 632 (9th Cir. 1983):

2 A defendant in a state criminal trial may seek federal habeas corpus relief for a double jeopardy claim even in the pretrial period, but the double jeopardy rule is sui generis. See Hartley v. Neely, 701 F.2d 780 (9th Cir.1983).

Other Questions


When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek federal habeas review of the claim? (MultiRegion, United States of America)
When a state prisoner has defaulted on his federal claim in a state court pursuant to an independent and adequate state procedural rule, can he seek a federal habeas review of the claim? (MultiRegion, United States of America)
Can a federal court grant relief under Section 2254 or Section 2255 of the US Constitution for the purposes of habeas corpus relief on the basis that evidence obtained in an unconstitutional search or seizure was introduced at a state or federal trial? (MultiRegion, United States of America)
Can a claim for federal habeas corpus relief be made against a determination of state law that violates federal due process rights? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, can the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
Can a federal court grant habeas corpus relief for alleged errors in the interpretation or application of state sentencing laws by either a state trial or appellate court? (MultiRegion, United States of America)
If a federal claim is not "adjudicated on the merits" in a state court, if the state court rejects the federal claim, what is the legal test for review of the claim? (MultiRegion, United States of America)
Does a claim that a state court failed to follow its own state law in regard to jury instructions given at trial invoke a federal habeas corpus? (MultiRegion, United States of America)
When a state court rejects some claims but does not expressly address a federal claim, must the federal court presume that the federal claim was adjudicated on the merits? (MultiRegion, United States of America)
What is the test for federal habeas corpus relief for a state prisoner before trial? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.