Arlester E. Scott v. Jim Jones

BEAM, Circuit Judge.

Jim Jones appeals from an order of the district court granting Arlester E. Scott’s petition for habeas corpus. We stayed execution of the writ on July 13, 1988, and heard oral argument on August 17, 1988. We now reverse.

I. BACKGROUND

A. Claim Raised in Habeas Petition

Scott’s petition contends that he has been twice tried for the same crime in violation of the double jeopardy clause of the United States Constitution. Petitioner Scott claims that the double jeopardy clause barred his state court retrial because the Missouri Court of Appeals determined that there was…