Dirk Webster v. Jack R. Duckworth, Warden and the Indiana Attorney General, Respondents

TIMBERS, Senior Circuit Judge.

The question presented by this appeal from a judgment denying a state prisoner’s petition for a writ of habeas corpus is whether, following the highest state court’s reversal of the prisoner’s first degree murder conviction on the ground of the insufficiency of the evidence, the double jeopardy clause of the Fifth Amendment to the United States Constitution barred retrial of the prisoner on the same charges. We hold, on the authority of Burks v. United States, 437 U.S. 1 (1978), that the double jeopardy clause did bar retrial.

Dirk Webster appeals from a judgment…