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MATHEWS v. MARSHALL

No. 83-3587.

754 F.2d 158 (1985)

James Michael MATHEWS, Petitioner-Appellant, v. Ronald C. MARSHALL, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 1, 1985.

Attorney(s) appearing for the Case

Edward Marek, Federal Public Defender, Michael G. Dane (argued), Cleveland, Ohio, for petitioner-appellant.

Richard David Drake, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before MARTIN and JONES, Circuit Judges, and BROWN, Senior Circuit Judge.

BOYCE F. MARTIN, Jr., Circuit Judge.

James Michael Mathews appeals the district court's dismissal of his habeas corpus petition. Mathews claims that his sentence for murder violates the double jeopardy clause of the fifth amendment. For the reasons discussed below, we reverse the district court's decision and grant the petition for habeas corpus.

On February 17, 1978, Mathews and Steven Daugherty robbed a bank in...

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