DOUGLAS v. NIXON

No. 71-1650.

459 F.2d 325 (1972)

Everett DOUGLAS, Petitioner-Appellant, v. Roy M. NIXON, Sheriff of Shelby County, Tennessee and the State of Tennessee, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

April 27, 1972.


Attorney(s) appearing for the Case

Thomas A. Buford, Memphis, Tenn., for appellant.

Eugene C. Gaerig, Asst. Dist. Atty. Gen., Memphis, Tenn., for appellee.

Before EDWARDS and McCREE, Circuit Judges, and McALLISTER, Senior Circuit Judge.


EDWARDS, Circuit Judge.

Appellant appeals from denial of his application for writ of habeas corpus by the United States District Court for the Western District of Tennessee. It is his contention that his plea of guilty to the state offense of driving while intoxicated is invalid because of violation of the Fifth Amendment to the Constitution prohibiting double jeopardy.

Prior to his guilty plea in the state criminal court, appellant had been charged, convicted...

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