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RUBINO v. LYNAUGH

No. 87-1444.

849 F.2d 906 (1988)

George Anthony RUBINO, Petitioner-Appellant, v. James A. LYNAUGH, Director, Texas Department of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

June 30, 1988.

Attorney(s) appearing for the Case

David W. Coody, Emmett Colvin, Bruner, McColl & McColloch, Dallas, Tex., for petitioner-appellant.

C. Rex Hall, Jr., Jim Mattox, Atty. Gen., Austin, Tex., for respondent-appellee.

Before RUBIN, KING, and WILLIAMS, Circuit Judges.

PER CURIAM:

George Anthony Rubino sought a writ of habeas corpus in federal court on the grounds that his successive state prosecutions and convictions for aggravated kidnapping and attempted murder violated the double jeopardy and due process clauses of the United States Constitution. In our earlier opinion in this case,1 we decided that Rubino's successive prosecutions and convictions had not placed him twice in jeopardy.

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