Kip Hartman v. Austin Knudsen

FILED

NOT FOR PUBLICATION

MAY 17 2023

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KIP HARTMAN, No. 22-35694

Petitioner-Appellee, D.C. No. 9:22-cv-00057-DLC

v.

MEMORANDUM*

AUSTIN KNUDSEN; MARCIA BORIS,

Respondents-Appellants.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Argued and Submitted May 10, 2023 Seattle, Washington

Before: HAWKINS, W. FLETCHER, and IKUTA, Circuit Judges.

The State of Montana appeals the district court’s order granting Kip

Hartman’s Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 on double

jeopardy grounds. “We review de novo a district court’s decision granting or

denying a petition for a writ of habeas corpus filed pursuant to [28 U.S.C.]

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. § 2241,” Wilson v. Belleque, 554 F.3d 816, 828 (9th Cir. 2009), and we review “[a]

judicial determination of manifest necessity . . . for abuse of discretion,”…