BARNETTE v. EVANS

No. 81-7883.

673 F.2d 1250 (1982)

Jim BARNETTE, Plaintiff-Appellee, v. Honorable James H. EVANS, in his official capacity as Montgomery County District Attorney, et al., Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

April 26, 1982.


Attorney(s) appearing for the Case

Eugenia D. B. Hofammann, Asst. Atty. Gen., Montgomery, Ala., for defendants-appellants.

Wood, Minor & Parnell, Thomas R. DeBray, Montgomery, Ala., for plaintiff-appellee.

Before RONEY and KRAVITCH, Circuit Judges, and PITTMAN, District Judge.


RONEY, Circuit Judge:

In this case a bankruptcy judge enjoined a county prosecutor and a complaining witness from continuing a state criminal prosecution on a state grand jury indictment for theft by deception, arising out of worthless checks. The criminal defendant was a debtor in the bankruptcy court, the complaining witness a creditor. A state conviction would mandate restitution to the creditor. The bankruptcy judge thought this result would frustrate his jurisdiction...

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