Michael Everett Paul v. Robert J. Henderson, Superintendent of the Auburn Correctional Facility

MESKILL, Circuit Judge:

The superintendent of the Auburn Correctional Facility appeals from an order of the United States District Court for the Northern District of New York, Foley, J., granting petitioner Michael Everett Paul’s application for a writ of habeas corpus. The decision below is reported at 535 F.Supp. 677 (N.D.N.Y.1982). The court concluded that after the first trial ended in a conviction for attempted robbery and a “hung jury” on the felony murder charge, the second prosecution for felony murder violated the defendant’s double jeopardy rights under the Fifth Amendment. Id. at…