Nature of the Case
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Facts
Heath (D) hired two men to kill his wife. He led them to his house (in Alabama), gave them his car and house keys, and then left the premises in his girlfriend's vehicle. The men kidnapped his wife. She was later found dead in Georgia. The estimated time of death and the distance from D's house are consistent with the theory that she was killed in Georgia, a fact that D does not deny. The state of Georgia charged him with 'malice' murder and intended to seek the death penalty. D pled guilty to the murder charge in exchange for a life sentence. The state of Alabama (P) then indicted him for the offense of murder during a kidnapping. D argued that his conviction and sentence in Georgia barred the suit. The trial court denied his double jeopardy claims, and the jury convicted D of murder during a kidnapping in the first degree. D was given the death penalty. The state appellate courts affirmed his conviction and sentence. The U.S. Supreme Court granted certiorari.
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