George Anthony Rubino v. James A. Lynaugh, Director, Texas Department of Corrections, Respondent

ALVIN B. RUBIN, Circuit Judge:

George Anthony Rubino seeks a writ of habeas corpus on the grounds that his successive prosecutions and convictions for aggravated kidnapping and attempted murder, arising out of the same criminal transaction, violate the double jeopardy and due process clauses of the United States Constitution. The district court denied the writ. We affirm the district court’s decision that the double jeopardy clause raises no bar to the second prosecution and conviction.

The Texas Court of Criminal Appeals, however, affirmed Rubino’s attempted murder conviction in reliance on…