DUNN v. ROSE

No. 80-3337.

504 F.Supp. 1333 (1981)

James Ivey DUNN, Petitioner, v. Jim ROSE, Warden, Tennessee State Penitentiary, Respondent.

United States District Court, M. D. Tennessee, Nashville Division.

January 16, 1981.


Attorney(s) appearing for the Case

James Ivey Dunn, pro se.

John C. Zimmermann, Asst. Atty. Gen., Nashville, Tenn., for respondent.


MEMORANDUM

WISEMAN, District Judge.

Petitioner seeks habeas corpus relief under 28 U.S.C. § 2254 on the grounds that: (1) his fourth amendment rights were violated by the seizure of evidence used against him at trial under a warrant that was issued pursuant to an untruthful affidavit; (2) his double jeopardy rights were violated by his retrial, granted upon his own motion, after which he obtained a harsher sentence; and (3) he was not afforded effective...

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