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PRYOR v. ROSE

No. 81-5401.

699 F.2d 287 (1983)

Robert Earl PRYOR, Petitioner-Appellee, v. James H. ROSE, Warden, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided January 26, 1983.

As Amended February 2, 1983.

Opinion on Granting of Rehearing March 21, 1983.

Attorney(s) appearing for the Case

William M. Leech, Jr., Atty. Gen. of Tenn., Jennifer Helton Small, J. Andrew Hoyal (argued), Asst. Attys. Gen., Nashville, Tenn., for respondent-appellant.

William H. Farmer, Federal Public Defender, Ross E. Alderman (argued), Nashville, Tenn., for petitioner-appellee.

Before JONES and KRUPANSKY, Circuit Judges, and GILMORE, District Judge.

Opinion on Granting of Rehearing En Banc March 21, 1983.

GILMORE, District Judge.

Petitioner, Robert Earl Pryor, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Two issues are presented to the Court. The first is whether the petitioner was subjected to double jeopardy under the Double Jeopardy clause of the Fifth Amendment.1 The second issue relates to the effect under 28 U.S.C. § 2254(d...

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