Deanna Dawn Drake v. Jim Thomas Attorney General of California Santa Barbara Superior Court

42 F.3d 1399 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Deanna Dawn DRAKE, Petitioner-Appellant, v. Jim THOMAS; Attorney General of California; Santa Barbara Superior Court, Respondents-Appellees. No. 94-55380. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 2, 1994. Decided Dec. 7, 1994. Before: WIGGINS, KOZINSKI, and THOMPSON, Circuit Judges. 1 MEMORANDUM * OVERVIEW 2 Deanna Dawn Drake was convicted by a jury in California state court of second degree murder and several related counts arising out of an automobile accident while Drake was driving intoxicated. The trial court set aside the verdict and granted Drake's new trial motion. Drake unsuccessfully argued in state court and then before a federal habeas court that retrial would violate the Double Jeopardy Clause. Drake appeals the district court's denial of her habeas petition. We have jurisdiction pursuant to 28 U.S.C. Sec. 2253 , and we reverse. FACTS 3 On July 23, 1989, the automobile…