Curtis E. Midgett v. Gerald McClelland Warden of the Maryland Penitentiary

The decision of the District Court now on review is its response to our two directions for discovery on remand in Midgett v. McClelland, No. 73-2239 (4 Cir. July 15, 1974). They were these: (1) to consider (though not requested by the appellant) the possibility of double jeopardy in the conviction for an assault at the second trial, since at the first trial a charge of assault had been abandoned; and (2) to develop further the question of whether Midgett’s second sentence for kidnapping — 30 years — was increased beyond the first sentence — 15 years —“in consideration of his acquittal on the…