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U. S., ETC. v. CIRCUIT COURT OF MILWAUKEE COUNTY

No. 81-3018.

675 F.2d 946 (1982)

UNITED STATES of America ex rel. David G. STEVENS, Petitioner-Appellant, v. The CIRCUIT COURT OF MILWAUKEE COUNTY, WISCONSIN, BRANCH VIII, The Honorable Michael J. Barron, Presiding, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided April 20, 1982.

Attorney(s) appearing for the Case

Waring R. Fincke, Shellow, Shellow & Glynn, Milwaukee, Wis., for petitioner-appellant.

Bronson C. LaFollette, Atty. Gen., Wis. Dept. of Justice, Madison, Wis., for respondent-appellee.

Before CUMMINGS, Chief Judge, and ESCHBACH and POSNER, Circuit Judges.

POSNER, Circuit Judge.

We are required in this case to consider the circumstances under which a state criminal defendant can obtain from a federal court in a habeas corpus proceeding an injunction against his forthcoming state criminal trial, on the ground that the trial would place him in double jeopardy for the same offense.

David Stevens was charged in a Wisconsin state court with four counts of violating a state...

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