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ROBINSON v. WADE

No. 81-1344.

686 F.2d 298 (1982)

Howie Ray ROBINSON, Petitioner-Appellant, v. Henry WADE, Winfield Scott, Richard Mays and Bill Shaw, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

As Modified November 19, 1982.

Attorney(s) appearing for the Case

Edward W. Gray, Dallas, Tex. (Court-Appointed), for petitioner-appellant.

J. Steven Bush, Asst. Dist. Atty., Dallas, Tex., for respondents-appellees.

Before WISDOM, JOHNSON and WILLIAMS, Circuit Judges.

JOHNSON, Circuit Judge:

Howie Ray Robinson, three times convicted and sentenced to death for the murder of William Moon and three times granted a new trial, has asked this Court to order his release from the custody of the State of Texas on the ground that the State's planned fourth prosecution of him is barred by the federal Constitution. The district court found that Robinson's reprosecution would not offend the double jeopardy clause and that his other claims were...

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