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GREENE v. MASSEY

No. 76-1719.

595 F.2d 221 (1979)

Richard Austin GREENE, Petitioner-Appellant, v. Raymond D. MASSEY, Superintendent, Union Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

May 16, 1979.

Attorney(s) appearing for the Case

John T. Chandler, Florida Legal Services, Inc., Gainesville, Fla., for petitioner-appellant.

Harry M. Hipler, Asst. Atty. Gen., Robert L. Shevin, Atty. Gen., West Palm Beach, Fla., for respondent-appellee.

Before BROWN, Chief Judge, TUTTLE and TJOFLAT, Circuit Judges.

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

JOHN R. BROWN, Chief Judge:

In our prior opinion in Greene v. Massey, 5 Cir., 1977, 546 F.2d 51, this Court held that the Double Jeopardy Clause did not bar retrial of petitioner where his prior state conviction was reversed by the Supreme Court of Florida on the grounds of insufficient evidence. See Sosa v. State, Fla., 1968, 215 So.2d...

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