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DUFFEL v. DUTTON

No. 84-5982.

785 F.2d 131 (1986)

John Wesley DUFFEL, Petitioner-Appellant, v. Michael DUTTON, Warden, Tennessee State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1986.

Attorney(s) appearing for the Case

William C. Wilson, Nashville, Tenn., for petitioner-appellant.

W.J. Michael Cody, Atty. Gen. of Tenn., Nashville, Tenn., Kevin Steiling, for respondent-appellee.

Before LIVELY, Chief Judge, WELLFORD, Circuit Judge, and PORTER, Senior District Judge.

LIVELY, Chief Judge.

This appeal from denial of a petition for a writ of habeas corpus presents a double jeopardy issue arising out of the retrial of an habitual criminal charge after the original sentence had been vacated for insufficiency of evidence. The district court concluded that the Fifth Amendment did not prohibit a second trial because the insufficiency of evidence was caused by an erroneous ruling of the state...

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