John Wesley Duffel v. Michael Dutton, Warden, Tennessee State Penitentiary

LIVELY, Chief Judge.

This appeal from denial of a petition for a writ of habeas corpus presents a double jeopardy issue arising out of the retrial of an habitual criminal charge after the original sentence had been vacated for insufficiency of evidence. The district court concluded that the Fifth Amendment did not prohibit a second trial because the insufficiency of evidence was caused by an errone ous ruling of the state trial court that excluded evidence offered by the State. The excluded evidence would have cured the deficiency. The petitioner also contends that the State violated due…