Thomas E. Nave v. J.E. Helms, Jr., District Director

After a mistrial and a subsequent rein-dictment, Thomas E. Nave, a former De-Kalb County Assistant District Attorney, was convicted in a Georgia state court of violating his oath as a public officer. The district court granted Nave’s motion for writ of habeas corpus concluding that he was provided with inadequate notice of the specific crime for which he was convicted, and that his retrial amounted to double jeopardy. We reverse.

This case hinges upon the factual setting which resulted in the mistrial and subsequent reindictment and retrial of defendant Nave on three counts of bribery and one…