James Walter Cherry v. Director, State Board of Corrections
Court of Appeals for the Fifth Circuit
1Opinion of the Court
VANCE, Circuit Judge:
James Walter Cherry was convicted of robbery in the superior court of Fulton County, Georgia on November 6, 1963 and was sentenced to life imprisonment. On March 17, 1978 Cherry petitioned the district court for writ of habeas corpus alleging among other grounds that his retrial following a mistrial unconstitutionally placed him twice in jeopardy for the same offense. The district court denied relief but a panel of this court reversed. 613 F.2d 1262 (5th Cir. 1980). On consideration by the court en banc we affirm the district court’s denial of habeas corpus relief.
I. THE…
2Cases cited32 opinions
- Giglio v. United StatesSupreme Court of the United States · 1972
- Townsend v. SainSupreme Court of the United States · 1963
- Benton v. MarylandSupreme Court of the United States · 1969
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- United States v. JornSupreme Court of the United States · 1971
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