Smith v. Hedgpeth
Filing
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ORDER signed by Chief Circuit Judge Alex Kozinski on 07/29/11 GRANTING 26 Motion for Certificate of Appealability. (Benson, A.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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STEVE ALLEN SMITH,
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Petitioner,
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v.
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A. HEDGPETH, Warden, et al.,
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Respondents.
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2:07-CV-02237-AK
CERTIFICATE OF
APPEALABILITY
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Petitioner has filed a “Motion for Certificate of Appealability.” Good cause
having been shown, the certificate is granted as to the following issue:
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When a defendant is charged with two offenses, and one of the offenses
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contains sentencing enhancement allegations which render the second
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offense a lesser included offense to the other, does the Double Jeopardy
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Clause prohibit conviction on both offenses?
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Dated: July 29, 2011
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ALEX KOZINSKI
Chief Circuit Judge
Sitting by designation
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