Joe Smith was found not guilty of robbing a store. When Joe was tried in state court a second time for the same crime, he was found guilty and sent to state prison.
Joe’s lawyer believes that Joe has been wrongly imprisoned. What can the lawyer do?
A. protest against an unfair ex post facto law
B.petition for a writ of habeas corpus
C. demand Joe’s “due process” rights
D.petition for a writ of certiorari
I believe the answer is C, since they are convicted him on a crime he was already tried for and double jeopardy isn’t allowed, demanding due process rights means respecting all legal rights owed to Joe, including no double jeopardy.
