Austin v. Cain, No. 10-30342 (5th Cir. 2011)
Annotate this CaseDefendant was convicted of two counts of attempted first degree murder, one count of possession with intent to distribute cocaine, and one count of aggravated battery, and was sentenced to four concurrent terms of imprisonment. Subsequently, a life sentence on the first count of attempted first degree murder was imposed due to defendant's status as a habitual offender. Defendant's conviction was affirmed on direct appeal and state habeas relief was denied. Defendant filed a petition for writ of habeas corpus, raising several grounds for relief, including a violation of the Double Jeopardy Clause. The district court denied relief and the court granted a certificate of appealability as to defendant's double jeopardy claim only. The court held that the Louisiana Fifth Circuit Court of Appeal's decision regarding defendant's double jeopardy claim was neither contrary to, nor involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court. The decision also did not involve "an unreasonable determination of the facts in light of the evidence presented in the State court proceeding." Accordingly, the district court properly denied defendant's petition for a writ of habeas corpus and the judgment was affirmed.
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