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DANIEL v. WARDEN, STATE CORRECTION INSTITUTION

No. 85-1464.

794 F.2d 880 (1986)

DANIEL, John Robert v. WARDEN, STATE CORRECTION INSTITUTION AT HUNTINGDON, PA. and the Attorney General of the State of Pennsylvania. Appeal of John Robert DANIEL.

United States Court of Appeals, Third Circuit.

Decided July 8, 1986.

Attorney(s) appearing for the Case

Steven A. Morley (argued), Philadelphia, Pa., for appellant.

Joseph C. Madenspacher (argued), First Asst. Dist. Atty., Henry S. Kenderdine, Jr., Dist. Atty., Lancaster, Pa., for appellees.

Before SEITZ, HUNTER, and MANSMANN, Circuit Judges.

OPINION OF THE COURT

JAMES HUNTER, III, Circuit Judge.

John Robert Daniel appeals from the district court's denial of his petition for a writ of habeas corpus. Daniel argued unsuccessfully in the courts below that his state court convictions violate his fifth amendment right against double jeopardy. Daniel raises the merits of this argument in this appeal, but preliminarily contends that the lower court erred in applying the presumption of correctness under...

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