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PRICE v. VINCENT

No. 02-524.

538 U.S. 634 (2003)

123 S.Ct. 1848

155 L.Ed.2d 877

PRICE, WARDEN v. VINCENT.

Supreme Court of United States.

Decided May 19, 2003.

Attorney(s) appearing for the Case

Arthur A. Busch argued the cause for petitioner. With him on the briefs were Michael A. Cox, Attorney General of Michigan, Thomas L. Casey, Solicitor General, Janet A. Van Cleve, Assistant Attorney General, Donald A. Kuebler, John C. Schlinker, Dale A. DeGarmo, and Michael A. Tesner.

Jeffrey A. Lamken argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Olson, Assistant Attorney General Chertoff, Deputy Solicitor General Dreeben, Sri Srinivasan, and Joel M. Gershowitz.

David A. Moran, by appointment of the Court, 537 U.S. 1186, argued the cause for respondent. With him on the brief was Randy E. Davidson.*

CHIEF JUSTICE REHNQUIST delivered the opinion of the Court.

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...

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