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VENSON v. STATE OF GA.

No. 94-9455.

74 F.3d 1140 (1996)

Richard Edward VENSON, Petitioner-Appellee, v. STATE OF GEORGIA, Respondent-Appellant.

United States Court of Appeals, Eleventh Circuit.

February 12, 1996.

Attorney(s) appearing for the Case

Jerry Archie Rylee, Gainesville, GA, Inez D'Entremont, Hall County Solicitor's Office, Gainesville, GA, for appellant.

Frederick E. Link, Gainesville, GA, Roland H. Stroberg, Husby, Myers & Stroberg, Gainesville, GA, for appellee.

Before EDMONDSON and COX, Circuit Judges, and FAY, Senior Circuit Judge.

PER CURIAM:

The State of Georgia appeals the district court's grant of relief on a 28 U.S.C. § 2254 petition brought by Richard Edward Venson. The district court held that Venson's second trial on sexual battery charges violated his Fifth Amendment right against double jeopardy. We affirm.

I. BACKGROUND

In January 1993, Venson was charged with three counts of sexual battery in Hall County, Georgia. At that time, Venson was a

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