VON BURLESON v. ESTELLE

No. 81-1401.

666 F.2d 231 (1982)

Walter VON BURLESON, Petitioner-Appellee, v. W. J. ESTELLE, Jr., Director, Texas Department of Corrections, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

January 22, 1982.


Attorney(s) appearing for the Case

Douglas M. Becker, Asst. Atty. Gen., Austin, Tex., respondent-appellant.

Robert G. Clark (Court-appointed), Abilene, Tex., for petitioner-appellee.

Before GARZA and RANDALL, Circuit Judges.


RANDALL, Circuit Judge:

All parties agree that the only question for determination in this case is whether the principle announced in Crist v. Bretz, 437 U.S. 28, 98 S.Ct. 2156, 57 L.Ed.2d 24 (1978) — that the federal rule that jeopardy attaches when the jury is impaneled and sworn is an integral part of the fifth amendment guarantee against double jeopardy and applies to the states through the fourteenth amendment —...

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