Drashawn Bartlett v. Anna Valentine, Warden
FifthAmendment HabeasCorpus
Can the offense of robbery be included as an element in a felony murder instruction and also presented separately in a jury instruction for robbery with a firearm without violating the Double Jeopardy Clause?
QUESTIONS PRESENTED . / In a case involving the substantive offenses of murder and robbery, can the offense of robbery be included as an’element in . a felony murder instruction resulting in a guilty verdict, then . " presented separately in a jury instruction for robbery with a firearm, also resulting in a guilty verdict without violating : the Double Jeopardy Clause of the Fifth Amendment? ' Did the Sixth Circuit abrogate the intent of 28 U.S.C. § a .2253(c) when it failed to apply this ‘Court's ‘precedent of Harris v. Oklahoma that "a subsequent prosecution for robbery, with a ; firearm was barred by -the Double Jeopardy Clause because the . Defendant had already beén tried for felony murder based on the. : . same underlying felony" to the same facts present here? © : Does U.S. CONST. art. III, § 2, cl.1l, mandate this Court address the important public. interest of Double Jeopardy . : proscriptions against the States, when the lower Federal courts : have impermissibily given the State court decision deference when that decision is the very antithesis of Harris v. Oklahoma? . ae . . : : -