McINTYRE v. TRICKEY

No. 89-2700.

975 F.2d 437 (1992)

Terry D. McINTYRE, Appellant, v. Myrna TRICKEY, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided September 4, 1992.

Rehearing and Rehearing Denied December 10, 1992.


Attorney(s) appearing for the Case

Christopher John Holthaus, St. Louis, Mo., for appellant.

Stephen D. Hawke, Jefferson City, Mo., for appellee.

Before MCMILLIAN, JOHN R. GIBSON, and BOWMAN, Circuit Judges.


Rehearing and Rehearing En Banc Denied December 10, 1992.

JOHN R. GIBSON, Circuit Judge.

This case is before us on remand from the United States Supreme Court. In McIntyre v. Trickey, 938 F.2d 899 (8th Cir.1991), we held that a state attorney's prosecution of Terry D. McIntyre for stealing an automobile violated the Fifth Amendment's Double Jeopardy Clause because McIntyre had earlier been prosecuted for first-degree...

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