UNITED STATES EX REL. WOOLLUMS v. GREER

No. 82-2999.

728 F.2d 918 (1984)

UNITED STATES of America ex rel. Lavada WOOLLUMS, Petitioner-Appellant, v. James GREER, Warden, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 24, 1984.

Rehearing and Rehearing Denied July 12, 1984.


Attorney(s) appearing for the Case

Lavada Woollums, pro se.

Michael V. Accettura, Deputy Atty. Gen., Chicago, Ill., for respondent-appellee.

Before CUMMINGS, Chief Judge, and ESCHBACH and FLAUM, Circuit Judges.


Rehearing and Rehearing En Banc Denied July 12, 1984.

ESCHBACH, Circuit Judge.

This appeal from the denial of petitioner Woollums' application for a writ of habeas corpus raises the issue whether Woollums' prosecution on an aggravated battery charge was barred by the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution. We conclude that it was and therefore reverse the magistrate's judgment.

I.

On September 4, 1973...

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