Sixth Circuit -- Joe D'Ambrosio v. Margaret Bagley

Where a federal court issues a conditional habeus order and the state releases the
deft but doesn't reprosecute within the time allotted, the federal court retains jurisdiction and may issue an unconditional writ barring reprosecution.

Key is that the first conviction wasn't vacated - What vacates a conviction is an entry in the court docket,
which—depending on the state’s procedures—is likely made through a court order, or
clear actions by the court signifying a vacatur.


FRCP 60(b) is an independent basis for jurisdiction.

Deft still has standing after issue of unconditional writ - not being retried is sufficient interest.

Dissent - The writ is an attack on the judgment - when the deft is freed from the incarceration incurred by the unjust judgment, the federal courts jurisdiction is at an end.

Joe D'Ambrosio v. Margaret Bagley