HAWK v. BERKEMER

No. 79-3068.

610 F.2d 445 (1979)

Vaughn Parrish HAWK, Petitioner-Appellee, v. Harry BERKEMER, Sheriff, et al., Respondents-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided December 12, 1979.


Attorney(s) appearing for the Case

Alan C. Travis, Asst. Pros. Atty., Columbus, Ohio, for respondents-appellants.

Gregory L. Ayers, Franklin County Public Defender, Columbus, Ohio, for petitioner-appellee.

Before ENGEL and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.


MERRITT, Circuit Judge.

In this habeas corpus case, we hold that double jeopardy principles do not prohibit reprosecution on a higher offense after a state appellate court has reversed a plea-bargained conviction on a lesser included offense.

I.

Petitioner, Hawk, was indicted in Ohio in 1975. Counts I and II charged aggravated murder; Count III charged attempted murder; Count IV charged aggravated burglary...

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