Jerry Lee Jordan v. Commonwealth of Virginia

JAMES DICKSON PHILLIPS, Circuit Judge:

Jordan sought a writ of habeas corpus, alleging that his state court felony conviction for possession of a controlled narcotic substance after an earlier misdemeanor conviction for obtaining the same substance with a forged prescription violated his rights under the Double Jeopardy Clause. The district court found double jeopardy and issued the writ. We agree and affirm.

I

Jordan’s two successive convictions grew out of his conduct over a period of a few minutes on May 6, 1976. On that date he entered a drug store in the Commonwealth of Virginia and…