Jessica Williams v. Warden, for the State of Nevada Women's Correctional Facility, Christine Bodo

Jessica Williams appeals the district court’s denial of her habeas corpus petition. The district court concluded that the Nevada Supreme Court’s rejection of Williams’ double jeopardy claim neither contravened nor unreasonably applied clearly established federal law, as determined by the United States Supreme Court. At issue in this appeal is Williams’ asserted simultaneous conviction and acquittal, under two separate theories, for violating the single offense of “Driving Under the Influence of Intoxicating Liquor or Controlled or Prohibited Substance” (“DUI”), pursuant to Nev.Rev.Stat. § 484.3795(1) (hereinafter NRS 484.3795(1)). Williams argues that because she was charged under two subsections of the statute and the trial court treated the alternate bases of criminal liability as separate offenses by having the jury return verdicts on each theory, her acquittal under one theory barred conviction under the other. We find this argument without merit and affirm the district court’s denial of the petition.

I. Factual and Procedural Background

On March 19, 2000, Williams’ van veered off the road and onto a highway median, killing six teenagers who had been assigned to a road…