Terry D. McIntyre v. Myrna Trickey

JOHN R. GIBSON, Circuit Judge.

This case is before us on remand from the United States Supreme Court. In McIntyre v. Trickey, 938 F.2d 899 (8th Cir.1991), we held that a state attorney’s prosecution of Terry D. McIntyre for stealing an automobile violated the Fifth Amendment’s Double Jeopardy Clause because McIntyre had earlier been prosecuted for first-degree tampering based on his unauthorized operation of the same automobile. Id. at 905-07. Our decision applied the rule of Grady v. Corbin, 495 U.S. 508, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990), which states that the Double Jeopardy Clause…