Douglas v. Jacquez
2010 U.S. App. LEXIS 24175
9th Cir.2010Background
- Douglas was convicted of first-degree murder under § 187 and arson of an inhabited structure under § 451(b).
- He was sentenced to 25 years to life for murder plus 8 years for arson, consecutive.
- After state direct and habeas appeals exhausted, he filed a federal habeas petition in 1997.
- The district court granted relief on insufficiency of evidence for § 451(b) arson, vacated that conviction, and remanded to enter judgment under § 451(c).
- The district court instructed the state court to re-sentence under § 451(c), a lesser-included offense not charged or necessarily found by the jury.
- The Ninth Circuit vacated the district court’s order and remanded for a conditional writ allowing the state to re-sentence under § 451(c) if timely.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a habeas court may order re-sentencing on a lesser offense not considered by the jury | Douglas contends the district court exceeded habeas powers. | District court argues correction lies within habeas power to enforce liberty rights. | District court exceeded habeas powers; remanded for conditional writ allowing state to re-sentence if appropriate. |
| Whether re-sentencing under a lesser offense implicates double jeopardy | Douglas argues §451(c) re-sentence would violate Double Jeopardy. | State contends no double jeopardy since lesser offense proven or can be charged on remand. | Double Jeopardy not violated; conditional writ permissible if state re-sentences under §451(c) within 90 days. |
Key Cases Cited
- People v. Ramos, 52 Cal.App.4th 300 (Cal.App.1997) (district court interpretation relied on for inhabitation element)
- Jones, 199 Cal.App.3d 543 (Cal.App.1988) (modify arson conviction to lesser-included offense where appropriate)
- Chioino v. Kernan, 581 F.3d 1182 (9th Cir.2009) (state remedies to correct constitutional errors should be pursued)
- Fay v. Noia, 372 U.S. 391 (U.S. 1963) (habeas power limited to liberty enforcement)
- Vasquez-Chan, 978 F.2d 546 (9th Cir.1992) (conditions for entering lesser-included judgments; direct-appeal context)
- Gooday, 714 F.2d 80 (9th Cir.1983) (acquittal on greater offense may bar lesser offenses when no instruction given)
- Burks v. United States, 437 U.S. 1 (U.S. 1978) (double jeopardy consequences of insufficient evidence)