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
Key Terms:
FifthAmendment DueProcess HabeasCorpus
Latest Conference: 2018-09-24
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

Question Presented (OCR Extract)

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 , __

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