Martin v. Pendergrass v. W. S. Neil, Warden, Helen Jones Recor v. Martha K. Linder, Warden

EDWARDS, Circuit Judge.

These appeals concern cases wherein the United States District Court for the Middle District of Tennessee (Nashville Division) has granted petitions for writs of habeas corpus on the basis of the United States Supreme Court’s decision in North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969). The District Court’s orders require the state in each case to retry appellants promptly or to set them free.

The Supreme Court in North Carolina v. Pearce, supra, affirmed the issuance of federal writs of habeas corpus because the sentencing judges at the…