Delgado v. FL Dept. of Corrections, No. 10-13490 (11th Cir. 2011)
Annotate this CaseIn 1994, defendant was convicted of two counts of first-degree murder, one count of armed burglary, and one count of possession of a firearm by a convicted felon, but those convictions were set aside on appeal by the Florida Supreme Court. In 2004, defendant was retried and again convicted of two counts of first-degree murder and defendant claimed that this second trial violated the Fifth Amendment's prohibition on double jeopardy. On direct appeal, the Florida Supreme Court denied him relief, as did the federal district court on his application for a writ of habeas corpus. Having carefully reviewed the Florida Supreme Court's decision in light of United States Supreme Court precedent, the court held that defendant was not entitled to habeas relief because he was not "twice put in jeopardy" as that phrase was defined in federal constitutional law.
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