KRUELSKI v. CONNECTICUT SUPERIOR COURT

Docket No. 01-2394.

316 F.3d 103 (2003)

Edward KRUELSKI, Jr., Petitioner-Appellant, v. State of CONNECTICUT SUPERIOR COURT FOR THE JUDICIAL DISTRICT OF DANBURY and Geographical Area # 3 at Danbury, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 3, 2003.


Attorney(s) appearing for the Case

G. Douglas Nash, State of Connecticut Public Defender Chief of Legal Services, Hamden, CT, appearing for petitioner-appellant.

Robert L. Marconi, Assistant Attorney General, for Richard Blumenthal, Attorney General, New Britain, CT, appearing for respondent-appellee.

Before: CALABRESI, SACK, and B.D. PARKER, Circuit Judges.


Judge SACK concurs in a separate opinion.

CALABRESI, Circuit Judge.

Edward Kruelski appeals the district court's (Chatigny, J.) denial of his petition for a writ of habeas corpus. Kruelski argues that the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution foreclosed his continued prosecution after the Connecticut trial court, at the close of evidence, acquitted him based on an erroneous interpretation of the applicable statute...

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