ZARRILLI

v.

MARINO

Citator

Cited By

• Monge v. California, 524 U.S. 721 (U.S. 1998)
  …on federal ha-beas review, see Caspari, supra, the Federal Courts of Appeals had reached disparate conclusions as well. Compare, e. g., Briggs v. Procunier, 764 F. 2d 368, 371 (CA5 1985), with Denton v. Duckworth, 873 F. 2d 144 (CA7), cert. denied, 493 U. S. 941 (1989). In view of the conflicting authority on the issue, we granted certiorari, 522 U. S. 1072 (1998). HH The Double Jeopardy Clause of the Fifth Amendment, applicable to the States through the Fourteenth Amendment, provides: “[N]or shall any p…
• United States v. Morrison, 983 F.2d 730 (6th Cir. 1993)
  …nited States v. Davis, 878 F. 2d 1299, 1300-01 (11th Cir.) (acceptance of responsibility reduction denied where defendant, charged with conspiracy to possess with intent to distribute cocaine, continued to use drugs while out on bond), cert. denied, 493 U.S. 941, 110 S.Ct. 341, 107 L.Ed.2d 330 (1989); United States v. Scroggins, 880 F. 2d 1204, 1215 (11th Cir.1989) (acceptance of responsibility reduction denied where defendant, charged with postal theft, “had not turned away from the lifestyle that had moti…
• Bohlen v. Caspari, 979 F.2d 109 (8th Cir. 1992)
  …7, 75 L.Ed.2d 447 (1983); Denton v. Duckworth, 873 F. 2d 144, 148 (7th Cir.) (under Lockhart v. Nelson, double jeopardy does not apply where evidence initially introduced was sufficient, even if some of, it was introduced erroneously), cert. denied, 493 U.S 941, 110 S.Ct. 341, 107 L.Ed.2d 330 (1989). See also Tate v. Armontrout, 914 F. 2d 1022, 1026 (8th Cir.1990) (distinguishing a total failure of proof from situations where sufficient evidence was produced, but erroneously excluded). Appellant cites…