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McKAY v. RAINES

Civ. No. 75-174-C3.

405 F.Supp. 363 (1975)

Tommy Allen McKAY, Petitioner, v. Robert RAINES, Secretary of Corrections, and Johnnie Darr, Sheriff, Sedgwick County, Kansas, Respondents.

United States District Court, D. Kansas.

October 17, 1975.

Attorney(s) appearing for the Case

Russell Shultz, Wichita, Kan., for petitioner.

Curt T. Schneider, Atty. Gen., Roger M. Theis, Asst. Atty. Gen., Topeka, Kan., and Stephen M. Joseph, Asst. Dist. Atty., Wichita, Kan., for Sheriff Darr.

MEMORANDUM AND ORDER

WESLEY E. BROWN, Chief Judge.

This matter comes before the Court pursuant to a petition for habeas corpus relief filed on behalf of Tommy Allen McKay. McKay contends that he was twice put in jeopardy in violation of the United States Constitution when the State of Kansas tried him for the same offense on two separate occasions. He was convicted on the second trial and now seeks release from that conviction.

The uncontroverted...

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