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HALL v. McKENZIE

No. 77-2050.

575 F.2d 481 (1978)

Robert Thomas HALL, Appellant, v. Arthur L. McKENZIE, Acting Warden, West Virginia Maximum Security Prison, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 18, 1978.

Attorney(s) appearing for the Case

Ray A. Byrd, Wheeling, W. Va. (Schrader, Stamp & Recht, Wheeling, W. Va., on brief), for appellant.

Pamela Tarr, Asst. Atty. Gen., Charleston, W. Va. (Chauncey H. Browning, Jr., Atty. Gen., and Betty L. Caplan, Asst. Atty. Gen., Charleston, W. Va., on brief), for appellee.

Before WINTER and HALL, Circuit Judges, and FIELD, Senior Circuit Judge.

WINTER, Circuit Judge:

Robert Thomas Hall appeals from the denial of his petition for a writ of habeas corpus. His claim to the writ was grounded principally on the allegation that the West Virginia rape conviction for which he is now incarcerated was obtained in violation of the double jeopardy clause because he had already been placed in jeopardy at the juvenile hearing convened to determine whether to transfer his case to a court of general jurisdiction. We conclude...

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