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GILMORE v. ZIMMERMAN

No. 85-1650.

793 F.2d 564 (1986)

GILMORE, Irvin W., Appellant, v. ZIMMERMAN, Leroy, Attorney General for the Commonwealth of Pennsylvania.

United States Court of Appeals, Third Circuit.

Decided June 27, 1986.

Rehearing and Rehearing Denied July 29, 1986.

Attorney(s) appearing for the Case

Emmanuel H. Dimitriou (Argued), Reading, Pa., for appellant.

Charles P. Macklin, Jr. (Argued), Sr. Deputy Atty. Gen., Prosecutions Section, Harrisburg, Pa., for appellee.

Before SLOVITER and STAPLETON, Circuit Judges, and LONGOBARDI, District Judge.

Rehearing and Rehearing En Banc Denied July 29, 1986.

OPINION OF THE COURT

STAPLETON, Circuit Judge.

Appellant, Dr. Irwin Gilmore, challenges the propriety of a state trial judge's sua sponte decision to vacate appellant's plea of guilty to a charge of involuntary manslaughter and to order him to stand trial for murder. Appellant contends that the Double Jeopardy Clause precludes the court from subjecting him to trial after his guilty plea...

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