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BENNETT v. SHUMATE

No. CIV-79-119-D.

480 F.Supp. 335 (1979)

Sammy Ray BENNETT, Petitioner, v. Honorable Joe D. SHUMATE, District Judge, McClain County and/or The State of Oklahoma, Respondent, and The Attorney General of the State of Oklahoma, Additional Respondent.

United States District Court, W. D. Oklahoma.

March 10, 1979.

Attorney(s) appearing for the Case

David M. Jordan, Moore, Okl., for petitioner.

Jan Eric Cartwright, Atty. Gen. by David W. Lee, Asst. Atty. Gen., Oklahoma City, Okl., for respondents.

OPINION AND ORDER

DAUGHERTY, District Judge.

The petitioner has filed a "Petition for a Writ of Habeas Corpus by a Person in State Custody Pursuant to 28 U.S.C. 2254" and the only ground averred is that the Double Jeopardy Clause of the Fifth Amendment bars his retrial for the crime of Murder in the First Degree in the District Court of McClain County, Oklahoma. The respondents, Honorable Joe D. Shumate, District Judge McClain County, Oklahoma and the Attorney...

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