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Howie Ray Robinson v. Henry Wade, Winfield Scott, Richard Mays and Bill Shaw

Citation: 686 F.2d 298Docket: 81-1344

Court: Court of Appeals for the Fifth Circuit; November 18, 1982; Federal Appellate Court

Narrative Opinion Summary

The case involves Howie Ray Robinson, who was convicted three times and sentenced to death for the murder of a convenience store attendant. He challenged a fourth prosecution by the State of Texas, arguing it violated the federal Constitution, specifically the double jeopardy clause. The district court ruled that reprosecution would not infringe upon double jeopardy protections, as the prior reversals were due to trial errors and not insufficient evidence or prosecutorial misconduct intended to provoke a mistrial. Robinson's other constitutional claims, such as the right to a speedy trial and allegations of cruel and unusual punishment, were dismissed without prejudice due to procedural issues, including failure to exhaust state court remedies. The Fifth Circuit Court of Appeals upheld the district court's decision. The court also addressed Robinson's argument against the potential imposition of a death sentence, affirming that double jeopardy does not restrict pursuing a harsher sentence on retrial. Ultimately, the district court's denial of habeas corpus relief was upheld, and the stay of state court proceedings was lifted. Robinson's case underscores the nuanced application of double jeopardy protections, particularly concerning prosecutorial intent and misconduct in capital cases.

Legal Issues Addressed

Constitutional Claims and Procedural Requirements

Application: Robinson's claims regarding prosecutorial misconduct and other constitutional violations were dismissed without prejudice due to procedural deficiencies and lack of exhaustion in state courts.

Reasoning: Robinson has not contested the district court's decision to deny consideration of his claims, which were submitted late in the proceedings and lacked exhaustion in state courts, as established in *Brown v. Estelle*.

Double Jeopardy Clause and Reprosecution

Application: The court held that reprosecution after appellate reversals does not violate the double jeopardy clause if there is no prosecutorial misconduct intended to provoke a mistrial.

Reasoning: The district court concluded that reprosecution does not violate the double jeopardy clause, and Robinson's additional claims were not properly presented.

Prosecutorial Misconduct and Double Jeopardy

Application: The court determined that although the prosecutor's conduct warranted a new trial, it did not rise to the level of overreaching that would preclude retrial under the double jeopardy clause.

Reasoning: The district court concluded that while the prosecutor's misconduct warranted a new trial, it did not rise to the level of overreaching that would preclude retrial.

Sentencing and Double Jeopardy

Application: The court affirmed that double jeopardy does not prevent the imposition of a harsher sentence upon retrial, nor limit the state's ability to pursue the death penalty again.

Reasoning: Robinson also contends that the State should not pursue the death penalty again, but this argument is unsupported by the double jeopardy clause.