Price v. Vincent, 538 U.S. 634, 3 (2003)

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636

PRICE v. VINCENT

Opinion of the Court

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 the limits imposed on federal habeas review by 28 U. S. C. § 2254(d), we granted the petition for certiorari, 537 U. S. 1099 (2002), and now reverse.

I

In an altercation between two groups of youths in front of a high school in Flint, Michigan, Markeis Jones was shot and

*Briefs of amici curiae urging reversal were filed for the State of Texas et al. by Greg Abbott, Attorney General of Texas, Barry R. McBee, First Assistant Attorney General, Jay Kimbrough, Deputy Attorney General, R. Ted Cruz, Solicitor General, Idolina Garcia, Assistant Solicitor General, and Christopher L. Morano, Chief State's Attorney of Connecticut, and by the Attorneys General for their respective States as follows: William H. Pryor, Jr., of Alabama, Terry Goddard of Arizona, Bill Lockyer of California, Ken Salazar of Colorado, M. Jane Brady of Delaware, Thur-bert E. Baker of Georgia, Mark J. Bennett of Hawaii, Lawrence G. Wasden of Idaho, Steve Carter of Indiana, Richard P. Ieyoub of Louisiana, J. Joseph Curran, Jr., of Maryland, Thomas F. Reilly of Massachusetts, Mike McGrath of Montana, Jon Bruning of Nebraska, Wayne Stenehjem of North Dakota, Jim Petro of Ohio, Hardy Myers of Oregon, Henry Dargan Mc-Master of South Carolina, Larry Long of South Dakota, and Mark L. Shurtleff of Utah; for Wayne County Prosecuting Attorney by Timothy A. Baughman; and for the Criminal Justice Legal Foundation by Kent S. Scheidegger and Charles L. Hobson.

A brief of amicus curiae urging affirmance was filed for the National Association of Criminal Defense Lawyers by Peter J. Henning, Robert Weisberg, and Lisa B. Kemler.

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