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GOOLSBY v. HUTTO

No. 81-6950.

691 F.2d 199 (1982)

Walter Lamar GOOLSBY, Appellee, v. Terrell Don HUTTO, Director of Virginia Department of Corrections, and The Attorney General of the State of Virginia, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1982.

Attorney(s) appearing for the Case

Robert H. Anderson, III, Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellants.

Thomas J. Foltz, Alexandria, Va., Charles F. Abernathy, Washington, D.C., for appellee.

Before BUTZNER and WIDENER, Circuit Judges, and POTTER, District Judge.

WIDENER, Circuit Judge:

This case concerns the point at which jeopardy attaches in a non-jury, state misdemeanor trial. The district court granted the appellee's petition for habeas corpus relief under 28 U.S.C. § 2254 and we affirm. 529 F.Supp. 92.

The facts are not in dispute. Goolsby was arrested on August 6, 1979 and charged with a felony for possession of marijuana with intent to distribute. Several weeks later...

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