United States of America, Ex Rel. Nathan Jackson v. Harold W. Follette, Warden, Green Haven Correctional Facility

OAKES, Circuit Judge:

Nathan Jackson, of Jackson v. Denno1 fame, now raises a difficult as well as important claim of double jeopardy.2 In this appeal from Judge Can-*1043nella’s denial of his application for a writ of habeas corpus under 28 U.S.C. § 2241 et seq., petitioner also seeks to overturn his conviction by a “blue-ribbon jury” under the now repealed law of April 7, 1938, ch. 552, § 749-aa, N.Y. Judiciary Law, McKinney’s Consol.Laws, c. 30, § 749-aa (repealed 1965), on constitutional grounds.

However much we might agree with the original dissent in Fay v. New York, 332 U.S. 261, 67 S.Ct.…