WEBSTER v. FREY

No. 80-3389.

665 F.2d 88 (1981)

Ross Prettyman WEBSTER, Petitioner-Appellant, v. Richard FREY, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided November 25, 1981.


Attorney(s) appearing for the Case

Thomas E. Clay, Louisville, Ky., for petitioner-appellant.

Stephen Beshear, Atty. Gen., Patrick B. Kimberlin, III, Asst. Atty. Gen. of Kentucky, Frankfort, Ky., for respondent-appellee.

Before EDWARDS, Chief Judge, LIVELY, Circuit Judge, and PHILLIPS, Senior Circuit Judge.


LIVELY, Circuit Judge.

In Gully v. Kunzman, 592 F.2d 283 (6th Cir.), cert. denied, 442 U.S. 924, 99 S.Ct. 2850, 61 L.Ed.2d 292 (1979), this court held that double jeopardy claims involve such extraordinary circumstances as to justify federal courts in entertaining habeas corpus applications in advance of retrial in a state court following reversal of a criminal conviction. In the present case the petitioner's state court...

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