This is an appeal from the district court's denial of Fugitt's petition for a writ of habeas corpus. The only issue presented on appeal is whether the Double Jeopardy Clause bars the retrial of Fugitt.
Fugitt was convicted and sentenced to death at his first trial. On direct appeal, he challenged his trial on grounds, inter alia, of prosecutorial misconduct and perjury on the part of a government witness...
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