Ex parte Kenneth Milner (Original)Annotate this Case
Applicant pled guilty to two counts of attempted capital murder and one count of murder. The trial court imposed separate and cumulative life sentences for each conviction. In a subsequent writ of habeas corpus, applicant's murder conviction was determined to be barred by double jeopardy. On appeal, Applicant contended that he can be guilty of only one of the two alleged attempted capital murders because the second conviction violated the Double Jeopardy Clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Upon review, the Supreme Court concluded that Applicant had shown that his conviction and sentencing for the second offense violated the Double Jeopardy Clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment. Applicant also made a prima facie showing of actual innocence of one of the two counts. Thus, the Court granted applicant's first and second grounds for relief, vacated the trial court's judgment with respect to that count, and remanded the case to the trial court with instructions to enter a judgment of acquittal.