STAATZ v. DUPNIK

No. 85-2710.

789 F.2d 806 (1986)

Larry Daniel STAATZ, Petitioner-Appellant, v. Clarence DUPNIK, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 15, 1986.

As Amended July 2, 1986.


Attorney(s) appearing for the Case

D. Jesse Smith, Tucson, Ariz., for petitioner-appellant.

Richard Nichols, Deputy Co. Atty., Tucson, Ariz., for respondent-appellee.

Before SNEED, ANDERSON, and POOLE, Circuit Judges.


POOLE, Circuit Judge:

Larry Daniel Staatz, an Arizona prisoner, appeals the district court's denial of his petition for a writ of habeas corpus. Staatz contends that the district court erred in finding that he waived his right to double jeopardy protection by filing a petition for post-conviction relief, and in failing to find that Arizona subjected him to double jeopardy through its automatic appeal of his criminal conviction and death sentence. We affirm.

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