Legal Opinion

Robert Thomas Hall v. Arthur L. McKenzie Acting Warden, West Virginia Maximum Security Prison

Court of Appeals for the Fourth Circuit

Decided May 18, 1978No. 77-2050PublishedCited by 20 opinions

1Opinion of the Court

WINTER, Circuit Judge:

Robert Thomas Hall appeals from the denial of his petition for a writ of habeas corpus. His claim to the writ was grounded principally on the allegation that the West Virginia rape conviction for which he is now incarcerated was obtained in violation of the double jeopardy clause because he had already been placed in jeopardy at the juvenile hearing convened to determine whether to transfer his case to a court of general jurisdiction. We conclude that, under West Virginia law, Hall was not placed in jeopardy by his appearance before the juvenile court because that court…

2Cases cited8 opinions

  1. Brady v. United StatesSupreme Court of the United States · 1970
  2. United States v. BallSupreme Court of the United States · 1896
  3. Breed v. JonesSupreme Court of the United States · 1975
  4. State Ex Rel. Hinkle v. SkeenWest Virginia Supreme Court · 1953
  5. Arthur A. Hall, Jr. v. Arthur L. McKenzie Warden of the West Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1976

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3Cited by20 opinions

  1. United States v. Kenneth Huie DavisCourt of Appeals for the Eighth Circuit · 1986
  2. Purcell v. United StatesDistrict of Columbia Court of Appeals · 1991
  3. Reginald Country v. Robert Parratt, Warden, Willie Franklin v. State of Nebraska, Robert F. Parratt, WardenCourt of Appeals for the Eighth Circuit · 1982
  4. United States v. McDonald Hicks, Eli Davis, Jr.Court of Appeals for the Ninth Circuit · 1980
  5. Parks v. StateCourt of Special Appeals of Maryland · 1979

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