No. 18-5361

Hazhar A. Sayed v. Travis Trani, Warden, et al.

Lower Court: Tenth Circuit
Docketed: 2018-07-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: collateral-estoppel constitutional-interpretation criminal-procedure double-jeopardy due-process fifth-amendment habeas-corpus ineffective-assistance ineffective-assistance-of-counsel pro-se-litigation pro-se-prisoner-litigant
Latest Conference: 2018-09-24
Question Presented (from Petition)

If a defendant is convicted of a lesser included offense of a higher level charge, does the Fifth Amendment's Double Jeopardy Clause prohibit retrying the defendant on the higher level charge?

Is a pro-se prisoner litigant entitled to liberal construction, which includes reading into his claim the strongest argument suggested, in this case which is that the doctrine of collateral estoppel prevented the retrying of Mr. Sayed?

Did Mr. Sayed receive ineffective assistance of counsel when counsel failed to raise the double jeopardy/collateral estoppel issue?

Question Presented (AI Summary)

Whether the Fifth Amendment's Double Jeopardy Clause prohibits retrying a defendant on a higher level charge after being convicted of a lesser included offense

Docket Entries

2018-10-01
Petition DENIED.
2018-08-09
DISTRIBUTED for Conference of 9/24/2018.
2018-08-01
Waiver of right of respondents Travis Trini, et al. to respond filed.
2018-06-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due August 27, 2018)

Attorneys

Hazhar A. Sayed
Hazhar A. Sayed — Petitioner
Travis Trini, et al.
L. Andrew Cooper Jr.Office of the Colorado Attorney General, Respondent