FOXWORTH v. MALONEY

No. 06-2379.

515 F.3d 1 (2008)

Robert FOXWORTH, Petitioner, Appellee, v. Michael T. MALONEY, Respondent, Appellant.

United States Court of Appeals, First Circuit.

Decided January 24, 2008.


Attorney(s) appearing for the Case

David M. Lieber, Assistant Attorney General, and Martha Coakley, Attorney General, on brief for appellant.

John M. Thompson and Thompson & Thompson, P.C., on brief for appellee.

Before LYNCH, Circuit Judge, CAMPBELL and SELYA, Senior Circuit Judges.


SELYA, Senior Circuit Judge.

Applicants for habeas corpus relief often present an array of claims, some of which yield broader redress than others. The king of habeas remedies is an order for unconditional release with prejudice to reprosecution. If the fact of the petitioner's prosecution (or any reprosecution upon the vacation of his conviction) would violate the Constitution, that relief will follow. A paradigmatic example of this phenomenon is when jeopardy has...

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