Ex Parte Feryl John Granger

Summary

The Court affirmed the appellate court’s denial of habeas relief, holding that the Fifth Amendment double‑jeopardy clause does not bar a retrial for the lesser included offense of murder after the capital‑murder conviction was reversed for insufficiency of the capital element. The Court reasoned that the prior advisory statement and the law‑of‑the‑case doctrine were not controlling, and applied the Blockburger test and the Burks exception to reach its conclusion.