United States Sixth Circuit

In a prosecution of defendant for the murder of his wife, district court's decision to grant an unconditional writ but not to bar retrial following two overturned convictions is affirmed where: 1) a district court sitting in habeas has jurisdiction to consider the circumstances that exist up until either the state complies with a conditional writ of the court issues an unconditional writ, but does not have jurisdiction to consider circumstances that unfold after the state complies with the writ; 2) the failure to try defendant within 180-day conditional grant does not rise to the level of "extraordinary circumstances" as the conditional writ clearly provides that the government could either retry or release defendant and he was released once the district court determined that the government was out of time; and 3) defendant's remaining claims of constitutional violations are rejected.

Appellate Information

• Decided 03/29/2010
• Published 03/29/2010

Judges

Court

• United States Sixth Circuit

Counsel