August 03rd, 2018

US Court of Appeals for the Fifth Circuit Opinions
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Thomas v. Vannoy

Docket: 17-30178
Opinion Date: August 2, 2018
Judge: Higginbotham
Areas of Law: Civil Rights, Constitutional Law

The Fifth Circuit reversed the district court's grant of habeas relief to petitioner. The court held that the Louisiana Supreme Court's resolution of petitioner's Fifth Amendment double jeopardy claim on direct appeal was contrary to, or reflected an unreasonable application of, clearly established law. In this case, the state court did not contravene clearly established federal law under the Antiterrorism and Effective Death Penalty Act's relitigation bar by not applying Price v. Georgia. Furthermore, the state court did not misapply the framework established by Price and Morris v. Mathews. The court also held that the Louisiana Supreme Court did not unreasonably apply Strickland v. Washington in holding that petitioner was not prejudiced by his counsel's failure to quash his jeopardy-barred charge. The court denied as moot respondant’s Unopposed Second Motion to Expedite Appeal.

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