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ROBINSON v. NEIL

No. 71-1138.

452 F.2d 370 (1971)

Samuel Ed ROBINSON, Petitioner-Appellee, v. William S. NEIL, Warden, Tennessee State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

December 10, 1971.

Attorney(s) appearing for the Case

Edward E. Davis, Dist. Atty. Gen., Chattanooga, Tenn., for respondent-appellant; David M. Pack, Atty. Gen. for the State of Tenn., Nashville, Tenn., on brief.

James D. Robinson, Chattanooga, Tenn. (Court appointed), for petitioner-appellee.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and CECIL, Senior Circuit Judge.

JOHN W. PECK, Circuit Judge.

The sole issue presented by this appeal is whether the recent United States Supreme Court decision, Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435 (1970), declaring an end to the "dual sovereignty" theory with respect to criminal prosecutions by the States, should be accorded retroactive application. That decision, hereinafter discussed in detail, reversed a state court judgment of conviction...

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