H. Norman Stone, Cross-Appellee v. R.G. Godbehere, Sheriff, Maricopa County Attorney General of the State of Arizona, Cross-Appellant

ISSUES

I. Was the injunction under which Stone was cited for contempt unconstitutionally vague?

II. Does the ex parte issuance of an injunction prohibiting the transfer of community property violate due process where the injunction is issued without notice, showing of cause, or judicial participation?

III. Did the district court err in finding that Stone was subjected to double jeopardy by the trial court’s issuance of a second sentencing order that restricted the interpretation of the first sentence, but was issued before Stone commenced serving prison time?

IV. Did Stone exhaust his state remedies by submitting the double jeopardy issue only to the Arizona Supreme Court on discretionary review?

FACTS

Norman Stone appeals from the district court’s partial denial of his petition for habeas corpus. Stone seeks relief from his conviction for contempt of court. The contempt order was issued as a result of the Arizona Superior Court’s finding that Stone had violated a court injunction. The injunction was issued pursuant to Ariz.Rev. Stat.Ann. § 25-315(A) when Stone's wife, Rachel, filed for dissolution of their marriage. Under the terms of the injunction, both Stone and his wife…