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PETRUCELLI v. COOMBE

No. 915, Docket 83-2313.

735 F.2d 684 (1984)

John PETRUCELLI, Petitioner-Appellant, v. Phillip COOMBE, Jr., Superintendent, Eastern New York Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 18, 1984.

Attorney(s) appearing for the Case

Lawrence A. Vogelman, New York City (Barry C. Scheck, Cardozo Criminal Law Clinic, New York City, of counsel, Lisa Sarnoff, Sanford Strenger, Law Students, on brief), for petitioner-appellant.

Jeremy Gutman, Asst. Dist. Atty., Bronx County, New York City (Mario Merola, Dist. Atty., for Bronx County, Billie Manning, Asst. Dist. Atty., Bronx County, New York City, of counsel), for respondent-appellee.

Before FEINBERG, Chief Judge, and MANSFIELD and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

John Petrucelli appeals the dismissal of his petition for a writ of habeas corpus by the United States District Court for the Western District of New York, Curtin, C.J. He asserts that his right not to be placed in double jeopardy was violated when the state court prosecutor deliberately attempted to provoke a mistrial and when the state trial court admitted evidence that he committed a murder after he had already been acquitted of the murder...

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