No. 22-7880

Maylesha S. Lewis v. Nebraska

Lower Court: Nebraska
Docketed: 2023-06-27
Status: Denied
Type: IFP
Response WaivedIFP
Tags: blockburger blockburger-test criminal-prosecution diaz-exception diaz-v-united-states double-jeopardy driving-under-the-influence fifth-amendment motor-vehicle-homicide
Key Terms:
FifthAmendment DueProcess
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Is Diaz v. United States an exception to the double jeopardy rule announced in Blockburger v. United States?

Question Presented (OCR Extract)

QUESTIONS PRESENTED IL Is Diaz v. United States, 223 U.S. 442 (1912) an exception to the double jeopardy rule announced in Blockburger v. United States, 284 U.S. 299 (1932), and if so, what are the applicability standards? I. Does the Double Jeopardy Clause bar a secondary prosecution for motor vehicle homicide while operating a vehicle under the. influence, after a defendant has already been convicted and sentenced for driving under the influence resulting in serious bodily injury? i.

Docket Entries

2023-10-02
Petition DENIED.
2023-07-13
DISTRIBUTED for Conference of 9/26/2023.
2023-07-10
Waiver of right of respondent State of Nebraska to respond filed.
Main DocumentMain Document
2023-06-22
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 27, 2023)
Motion for Leave to Proceed in Forma PauperisPetitionAppendixCertificate of Word CountProof of ServiceMotion for Leave to Proceed in Forma PauperisPetition

Attorneys

Maylesha Lewis
Jessica Price Clark West — Douglas County Public Defender's Office, Petitioner
Jessica Price Clark West — Douglas County Public Defender's Office, Petitioner
State of Nebraska
Eric James Hamilton — Office of the Attorney General of Nebraska, Respondent
Eric James Hamilton — Office of the Attorney General of Nebraska, Respondent