Ficklin

Petitioner Bennie Ficklin (“petitioner”) appeals from the decision of the United States District Court for the District of Nevada, the Honorable Philip M. Pro, Presiding, which denied his petition for a writ of habeas corpus. Petitioner argues that his conviction for first degree murder following a trial in Nevada state court implicated the Double Jeopardy Clause of the United States Constitution. He contends that the instructions given at trial allowed the jury to premise its guilty verdict on a robbery for which he had already pleaded guilty, thereby putting him in jeopardy twice for that crime.

The district court disagreed and held that petitioner failed to establish that his first degree murder conviction was predicated on the robbery. The court found that there was “sufficient evidence” in the record to support the conclusion that the jury rested its verdict on a theory of premeditation and not on felony murder. The district court denied the petition and this appeal followed.

We have jurisdiction pursuant to 28 U.S.C. § 2253 and affirm the decision of the district court, albeit on different grounds.

BACKGROUND

At the age of fifteen, petitioner was arrested for the robbery…