United States Ninth Circuit

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Dominguez v. Kernan, 18-55209

Held that the district court should not have dismissed the defendant's habeas corpus petition asserting that his prosecution for murder violated the federal constitution's Double Jeopardy Clause. Also held that his habeas petition was not moot and that on remand the district court should convert his 28 U.S.C. section 2254 petition into a section 2241 petition.

Appellate Information

  • Decided
  • Published 2018/10/23


  • Fisher


  • United States Ninth Circuit