United States Fourth Circuit

In habeas proceedings claiming that petitioner's Fifth Amendment rights were violated by being punished twice for the same offense, district court's denial of the petition is affirmed where: 1) applying AEDPA, state courts' adjudication of the double jeopardy claim was not "contrary to," or an "unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States"; and 2) the appellate court did not unreasonably determine that defendant's abduction of the victim was a distinct offense under Virginia law warranting separate punishment.

Appellate Information

• Argued 12/02/2009
• Decided 01/15/2010
• Published 01/15/2010

Judges

• Before MICHAEL, MOTZ, and KING, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:John Granville Douglass, University of Richmond, School of Law, Richmond, Virginia, for Appellant. Steven Andrew Witmer, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee. ON BRIEF:William C. Mims, Attorney General, Karen Misbach, Assistant Attorney General, Office of the Attorney General of Virginia, Richmond, Virginia, for Appellee.