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RODRIGUES v. GUDEMAN

No. 85-2337.

794 F.2d 1458 (1986)

Rodrigo RODRIGUES, Petitioner-Appellant, v. Howard E. GUDEMAN, Administrator, and Michael A. Lilly, Attorney General, State of Hawaii, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 24, 1986.

Attorney(s) appearing for the Case

John A. Thompson, Honolulu, Hawaii, for petitioner-appellant.

Peter Van Name Esser, Honolulu, Hawaii, for respondents-appellees.

Before SNEED, ANDERSON, and POOLE, Circuit Judges.

SNEED, Circuit Judge:

Rodrigo Rodrigues appeals the district court's denial of his petition for habeas corpus. He claims that he was "acquitted" by the trial judge at the pretrial hearing on his insanity defense and that, as a consequence, a retrial is barred by the double jeopardy clause of the Fifth Amendment. We affirm the district court.

I.

FACTS AND PROCEEDINGS BELOW

On November 20, 1979, appellant Rodrigo Rodrigues was indicted on...

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