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Price v. Vincent

Supreme Court of the United States

April 21, 2003, Argued ; May 19, 2003, Decided

No. 02-524

Opinion

 [*636]   [**1851]  Chief Justice Rehnquist delivered the opinion of the Court.

LEdHN[1A][] [1A] LEdHN[2A][] [2A] The United States Court of Appeals for the Sixth Circuit granted habeas relief to respondent Duyonn Andre Vincent after concluding that the Double Jeopardy Clause of the Fifth Amendment, as applied to the States through the Fourteenth Amendment, barred his conviction for first-degree murder.  Vincent v. Jones, 292 F.3d 506 (2002). Because this decision exceeds the limits imposed on federal habeas review by 28 U.S.C. § 2254(d), we granted the petition for certiorari, 537 U.S. 522, 155 L. Ed. 2d 88, 123 S. Ct. 1072, 537 U.S. 1099, 154 L. Ed. 2d 767, 123 S. Ct. 816 (2002), and now reverse.

In an altercation between two groups of youths in front of a high  [***884]  school in Flint, Michigan, Markeis Jones was shot and  [*637]  killed. Respondent was arrested in connection with the shooting and was charged with open murder. At the close of the prosecution's case in chief and outside the hearing of the jury, defense counsel moved for a directed verdict of acquittal as to first-degree murder, arguing that there was insufficient evidence of premeditation and deliberation. The [****6]  trial judge stated:

"'[M]y impression at this time is that there's not been shown premeditation or planning in the, in the alleged slaying. That what we have at the very best is Second Degree Murder . . . .  I think that Second Degree Murder is an appropriate charge as to the defendants. Okay.'"

292 F.3d, at 508.

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538 U.S. 634 *; 123 S. Ct. 1848 **; 155 L. Ed. 2d 877 ***; 2003 U.S. LEXIS 3678 ****; 71 U.S.L.W. 4351; 2003 Cal. Daily Op. Service 4192; 2003 Daily Journal DAR 5286; 16 Fla. L. Weekly Fed. S 281

JANETTE PRICE, WARDEN, Petitioner v. DUYONN ANDRE VINCENT

Subsequent History:  [****1]  

Remanded by Vincent v. Jones, 68 Fed. Appx. 699, 2003 U.S. App. LEXIS 13913 (6th Cir., July 9, 2003)

Prior History: ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT.

Vincent v. Jones, 292 F.3d 506, 2002 U.S. App. LEXIS 10752 (6th Cir.) (6th Cir. Mich., 2002)

Disposition: Reversed.

Jeopardy, murder, first-degree, Double, Appeals, double jeopardy, judge's comments, court's decision, trial judge, proceedings, terminate

Criminal Law & Procedure, Jurisdiction, Cognizable Issues, General Overview, Standards of Review, De Novo Review, Governments, Courts, Judicial Precedent, Constitutional Law, Fundamental Rights, Procedural Due Process, Double Jeopardy, Double Jeopardy, Double Jeopardy Protection, Acquittals, Commencement of Criminal Proceedings, Attachment Jeopardy