Terry D. McIntyre v. Myrna Trickey

JOHN R. GIBSON, Circuit Judge.

Terry B. McIntyre appeals from the district court’s denial of his petition for writ of habeas corpus based on a claim of double jeopardy. McIntyre argues that the government, to establish essential elements in his prosecution for stealing, proved conduct that constituted an offense, first degree tampering, for which he had earlier been convicted, thus violating the double jeopardy rule announced in Grady v. Corbin, — U.S. -, 110 S.Ct. 2084, 109 L.Ed.2d 548 (1990). The State argues that: 1) McIntyre is procedurally barred from asserting his double jeopardy claim;…