NAVE v. HELMS

No. 87-8298.

845 F.2d 963 (1988)

Thomas E. NAVE, Petitioner-Appellee, v. J.E. HELMS, Jr., District Director, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 23, 1988.


Attorney(s) appearing for the Case

William B. Hill, Jr., Susan V. Boleyn, Asst. Attys. Gen., Atlanta, Ga., for respondent-appellant.

Thomas E. Nave, Decatur, Ga., pro se.

Before RONEY, Chief Judge, JOHNSON, Circuit Judge, and PECK, Senior Circuit Judge.


PER CURIAM:

After a mistrial and a subsequent reindictment, Thomas E. Nave, a former DeKalb County Assistant District Attorney, was convicted in a Georgia state court of violating his oath as a public officer. The district court granted Nave's motion for writ of habeas corpus concluding that he was provided with inadequate notice of the specific crime for which he was convicted, and that his retrial amounted to double jeopardy. We reverse.

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