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SEAY v. CANNON

No. 18-7242.

927 F.3d 776 (2019)

Broderick William SEAY, Jr., Petitioner-Appellant, v. Sheriff Al CANNON, Respondent-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: June 21, 2019.

Attorney(s) appearing for the Case

ARGUED: Jason Scott Luck , GARRETT LAW OFFICES, LLC, Charleston, South Carolina; Sara Alexandra Turner , LAW OFFICE OF SARA A. TURNER, LLC, Charleston, South Carolina, for Appellant. Melody Jane Brown , OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee. ON BRIEF: Alan Wilson , Attorney General, Donald J. Zelenka , Deputy Attorney General, OFFICE OF THE ATTORNEY GENERAL OF SOUTH CAROLINA, Columbia, South Carolina, for Appellee.

Vacated and remanded with instructions by published opinion. Judge Keenan wrote the opinion, in which Judge Quattlebaum joined. Judge Niemeyer wrote a dissenting opinion.

Broderick William Seay, Jr. appeals from the district court's denial of his petition for habeas corpus relief under 28 U.S.C. § 2241. Seay argues that his rights under the Double Jeopardy Clause of the Fifth Amendment will be violated if the State of South Carolina (the government) retries him on murder...

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