CHRISTIAN v. WELLINGTON

No. 12-3718.

739 F.3d 294 (2014)

Duniek A. CHRISTIAN, Petitioner-Appellant, v. Randell L. WELLINGTON, Warden; James C. Evans, Respondents-Appellees.

United States Court of Appeals, Sixth Circuit.

January 7, 2014.


Attorney(s) appearing for the Case

ON BRIEF: David L. Engler , Youngstown, Ohio, for Appellant.

Gina D. Bricker , Mahoning County Prosecutor's Office, Youngstown, Ohio, for Appellee.

Before: MOORE and GRIFFIN, Circuit Judges; KORMAN, District Judge.


OPINION

KAREN NELSON MOORE, Circuit Judge.

No person shall "be subject for the same offense to be twice put in jeopardy of life or limb." U.S. Const. Am. V. The question in this case is whether the Ohio crimes of felonious assault and complicity to felonious assault are indeed the same offense. Duniek A. Christian brings this petition for a writ of habeas corpus from pretrial custody claiming a violation of the...

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