Hazhar A. Sayed v. Travis Trani, Warden, et al.
FifthAmendment DueProcess HabeasCorpus
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
QUESTION(S) PRESENTED . 1) 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? 2) 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? 3) Did Mr. Sayed receive ineffective assistance of counsel when counsel . failed to raise the double jeopardy/collateral estoppel issue? i. la ey rs , __