United States Third Circuit
McMullen v.. Tennis, 06-5064
Denial of petition for habeas relief is affirmed where: 1) the Pennsylvania Superior Court did not contradict or apply in an unreasonable fashion to plaintiff's case the U.S. Supreme Court's double jeopardy principles; 2) the lower courts did not make an evidentiary insufficiency ruling in overturning the first conviction on corpus delicti grounds; and 3) the double jeopardy rulings did not infringe the deferential standards governing a habeas challenge to a state court conviction.
Appellate Information
- Argued 01/27/2009
- Decided 04/01/2009
- Published 04/01/2009
Judges
- Before: SMITH and COWEN, Circuit Judges and THOMPSON , District Judge.
Court
- United States Third Circuit
Counsel
- For Appellant:
- Matthew J. Zeigler, Esq. (Argued), Williamsport, PA, for Appellant.
- For Appellees:
- Gregory A. Jackson, Esq. (Argued), Robert B. Stewart, III, Esq., Office of District Attorney, George N. Zanic, Esq., Huntingdon County Office of District Attorney, Huntingdon, PA, for Appellee Franklin Tennis.