United States Fifth Circuit

Dual capital murder convictions and two death sentences arising out of a single killing are vacated and remanded where, under the circumstances of the case, the dual murder convictions violated defendant's double jeopardy rights.

Appellate Information

• Decided 07/28/2006
• Published 07/31/2006

Judges

• BENAVIDES, Circuit Judge:, Before DeMOSS, BENAVIDES and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• John Malcolm Bales, Asst. U.S. Atty. (argued), Lufkin, TX, John B. Stevens, Jr., Asst. U.S. Atty., Beaumont, TX, Traci Lynne Kenner, Asst. U.S. Atty., Tyler, TX, for U.S., Marjorie A. Meyers, Fed. Pub. Def., Brent Evan Newton, Asst. Fed. Pub. Def. (argued), Houston, TX, for Agofsky.