GREEN v. ESTELLE

No. 75-1761.

524 F.2d 1243 (1975)

Roy Dale GREEN, Petitioner-Appellant, v. W. J. ESTELLE, Director, Texas Dept. of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

December 19, 1975.


Attorney(s) appearing for the Case

Brantley Pringle, Fort Worth, Tex., for petitioner-appellant.

John L. Hill, Atty. Gen., Dunklin Sullivan, Robert E. Delong, Jr., Asst. Attys. Gen., Austin, Tex., for respondent-appellee.

Before TUTTLE, THORNBERRY and COLEMAN, Circuit Judges.


COLEMAN, Circuit Judge.

Green, a Texas state prisoner, appeals the denial of habeas corpus relief. In the District Court, Green alleged that Texas had twice placed him in jeopardy for the same offense. It was held, however, that he waived the claim by pleading guilty to the second indictment for murder; therefore the petition was denied, without reaching the merits of the double jeopardy claim.

After this appeal was orally argued, and while its disposition...

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