Pruett v. State

OPINION

McCANLESS, Justice.

The defendant, Charles Edward Pruett, was convicted of burglary in a state court but alleges in a post-conviction petition that an identical charge based on the same transaction had already been heard and dismissed in the city court. The defense of double jeopardy was not argued, however, because the rule in Waller v. Florida, 397 U.S. 387, 90 S.Ct. 1184, 25 L.Ed.2d 435 [1970], was not applicable at that time. That rule has since been given retroactive effect, raising a question whether the defendant’s state court conviction constituted double jeopardy. The question…