WEBSTER v. DUCKWORTH

No. 83-3096.

767 F.2d 1206 (1985)

Dirk WEBSTER, Petitioner-Appellant, v. Jack R. DUCKWORTH, Warden and the Indiana Attorney General, Respondents-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 11, 1985.

Rehearing and Rehearing Denied September 11, 1985.

Order Amending Opinion September 12, 1985.


Attorney(s) appearing for the Case

J. Kevin McCall, Jenner & Block, Chicago, Ill., for petitioner-appellant.

Robert B. Wente, Deputy Atty. Gen., Indianapolis, Ind., for respondents-appellees.

Before CUMMINGS, Chief Judge, CUDAHY, Circuit Judge, and TIMBERS, Senior Circuit Judge.


Rehearing and Rehearing En Banc Denied September 11, 1985.

TIMBERS, Senior Circuit Judge.

The question presented by this appeal from a judgment denying a state prisoner's petition for a writ of habeas corpus is whether, following the highest state court's reversal of the prisoner's first degree murder conviction on the ground of the insufficiency of the evidence, the double jeopardy clause of the Fifth Amendment to the United States Constitution barred retrial...

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