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CHERRY v. DIRECTOR, STATE BD. OF CORRECTIONS

No. 79-1525.

635 F.2d 414 (1981)

James Walter CHERRY, Petitioner-Appellant, v. DIRECTOR, STATE BOARD OF CORRECTIONS, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

January 27, 1981.

Attorney(s) appearing for the Case

J. Michael Lamberth, Atlanta, Ga., (Court-appointed), for petitioner-appellant.

John W. Dunsmore, Jr., Asst. Atty. Gen., Atlanta, Ga., for respondent-appellee.

Before COLEMAN, Chief Judge, BROWN, AINSWORTH, GODBOLD, CHARLES CLARK, RONEY, GEE, TJOFLAT, HILL, FAY, RUBIN, VANCE, KRAVITCH, FRANK M. JOHNSON, Jr., GARZA, HENDERSON, REAVLEY, POLITZ, HATCHETT, ANDERSON, RANDALL, TATE, SAM D. JOHNSON and THOMAS A. CLARK, Circuit Judges.

VANCE, Circuit Judge:

James Walter Cherry was convicted of robbery in the superior court of Fulton County, Georgia on November 6, 1963 and was sentenced to life imprisonment. On March 17, 1978 Cherry petitioned the district court for writ of habeas corpus alleging among other grounds that his retrial following a mistrial unconstitutionally placed him twice in jeopardy for the same offense. The district court denied relief but a panel of this court reversed.

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