LADNER v. SMITH

No. 90-4262.

941 F.2d 356 (1991)

Thomas E. LADNER, Petitioner-Appellant, v. J.B. SMITH, Sheriff, Smith County, Texas, et al., Respondent-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 8, 1991.


Attorney(s) appearing for the Case

John H. Seale, Jasper, Tex., for petitioner-appellant.

Michael J. Sandlin, Jack Skeen, Jr., Tyler, Tex., for J.B. Smith.

Charles Palmer, Rex Hall, Asst. Attys. Gen., Jim Mattox, Atty. Gen., Austin, Tex., for State of Tex.

Before GOLDBERG, JOLLY and WIENER, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 8, 1991.

WIENER, Circuit Judge:

The instant case presents this court its first opportunity to review a double jeopardy claim in the context of successive prosecutions since the United States Supreme Court handed down its new double jeopardy test in Grady v. Corbin, ___ U.S. ___, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990). Here, Petitioner-Appellant Thomas E. Ladner, formerly Chief of Police of Hemphill, Texas...

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