Thomas E. Ladner v. J.B. Smith, Sheriff, Smith County, Texas, 1

WIENER, Circuit Judge:

The instant case presents this court its first opportunity to review a double jeopardy claim in the context of successive prosecutions since the United States Supreme Court handed down its new double jeopardy test in Grady v. Corbin, — U.S.-, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990). Here, Petitioner-Appellant Thomas E. Lad-ner, formerly Chief of Police of Hemphill, Texas, appeals the denial of his habeas corpus petition by the federal district court. Ladner contends that successive state prosecutions for the same conduct, when examined under Grady, placed him twice in…