John Kalani Lincoln v. Franklin Y.K. Sunn

968 F.2d 1221 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John Kalani LINCOLN, Petitioner-Appellant, v. Franklin Y.K. SUNN, Defendant-Appellee. No. 90-16139. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 5, 1992. Decided July 21, 1992. Before CYNTHIA HOLCOMB HALL, BRUNETTI and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 John Lincoln appeals the district court's denial of his writ of habeas corpus. In his petition, Lincoln alleged, inter alia, that the State of Hawaii violated his Fifth Amendment right to be free from double jeopardy when it retried and convicted him of murder following the district court's grant of his original habeas corpus petition. 1 Additionally, he asserted that a third trial, based on the allegation that he hired Anthony Kekona to murder Paul Warford, would likewise violate the constitutional prohibition against subjecting a defendant in a criminal case to double jeopardy. Lincoln also argued that collateral estoppel bars…