DICKENSON v. ISRAEL

No. 80-1334.

644 F.2d 308 (1981)

Clarence Anthony DICKENSON, Petitioner-Appellant, v. Thomas ISRAEL, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided March 11, 1981.


Attorney(s) appearing for the Case

W. Dan Bell, Jr., Madison, Wis., for petitioner-appellant.

Thomas J. Balistreri, Asst. Atty. Gen., Wis. Dept. of Justice, Madison, Wis., for respondent-appellee.

Before SWYGERT, CUMMINGS and WOOD, Circuit Judges.


PER CURIAM.

This is a habeas proceeding in which the main issue is whether a state criminal defendant's Fifth Amendment right to be free from double jeopardy was violated when a state appellate court vacated the defendant's conviction of the charged offense but affirmed the implicit conviction of a lesser included offense. We hold that the Double Jeopardy Clause was not violated.

Petitioner-appellant Clarence Dickenson was tried and convicted for armed robbery...

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