Johnnie Marie Sumpter v. James Degroote, Sheriff of Vanderburgh County, Indiana

BAUER, Circuit Judge.

Johnnie Marie Sumpter, now serving a two-to-five year sentence for prostitution, appeals the district court’s dismissal of her petition for a writ of habeas corpus, which alleges that the State of Indiana is holding her in custody in violation of several provisions of the United States Constitution. 1 We reverse the district court for the reason that Sumpter was twice placed in jeopardy for the same offense in violation of the Fifth Amendment, as incorporated in the due process clause of the Fourteenth Amendment. Benton v. Maryland, 395 U.S. 784, 89 S.Ct. 2056, 23 L.Ed.2d…