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LIVINGSTON v. MURDAUGH

No. 99-6004.

183 F.3d 300 (1999)

Aundray LIVINGSTON, Petitioner-Appellee, v. Randolph MURDAUGH, III, Solicitor 14th Judicial Circuit of the State of South Carolina; Diane Goodstein, Presiding Judge of the Court of General Sessions Court of the 14th Judicial Circuit, Respondents-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided: August 16, 1999.

Attorney(s) appearing for the Case

ARGUED: George Robert DeLoach, III, Assistant Attorney General, Columbia, South Carolina, for Appellants. Jared Sullivan Newman, Port Royal, South Carolina, for Appellee. ON BRIEF: Charles M. Condon, Attorney General, John W. McIntosh, Chief Deputy Attorney General, Donald J. Zelenka, Assistant Deputy Attorney General, Columbia, South Carolina, for Appellants.

Before WILKINSON, Chief Judge, and ERVIN and MICHAEL, Circuit Judges.

Affirmed by published opinion. Chief Judge WILKINSON wrote the opinion, in which Judge ERVIN and Judge MICHAEL Joined.

OPINION

WILKINSON, Chief Judge:

Aundray Livingston claims that he was "twice put in jeopardy" for the offense of reckless homicide. The district court agreed, and we now affirm.

I.

Aundray Livingston caused the death of Linda Smoak while driving under the influence...

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