John Lawrence Dubois, Petitioner-appellant, v. Edward Evans, Warden; Attorney General of the State Ofoklahoma; and Oklahoma Court of Appeals, Oklahomacourt of Criminal Appeals, Respondents-appellees, 103 F.3d 144 (10th Cir. 1996)

 Annotate this Case
US Court of Appeals for the Tenth Circuit - 103 F.3d 144 (10th Cir. 1996) Dec. 17, 1996

Before TACHA, BALDOCK, and BRISCOE, Circuit Judges.** 

BALDOCK, Circuit Judge..

Petitioner-Appellant John Dubois asserts in his petition for habeas corpus that he was convicted of duplicative counts of his indictment in violation of his federal double jeopardy rights. The district court denied the petition, and Petitioner then applied to this court for a certificate of appealability pursuant to 28 U.S.C. § 2253. We granted Petitioner's application and ordered Respondents to file a brief because, on its face, the indictment did appear to violate Petitioner's constitutional rights.

Respondents' brief filed with this court includes various attachments which were apparently not presented to the district court. As it is not this Court's function to take evidence and find facts, we now remand this matter to the district court so that it may further consider the petition in light of the parties' newly offered evidence.

REVERSED AND REMANDED.

 *

This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. The court generally disfavors the citation of orders and judgments; nevertheless, an order and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3

 **

After examining the briefs and appellate record, this panel has determined unanimously to honor the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f); 10th Cir. 34.1.9. The case is therefore ordered submitted without oral argument

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.