Ross Prettyman Webster v. Richard Frey

LIVELY, Circuit Judge.

In Gully v. Kunzman, 592 F.2d 283 (6th Cir.), cert. denied, 442 U.S. 924, 99 S.Ct. 2850, 61 L.Ed.2d 292 (1979), this court held that double jeopardy claims involve such extraordinary circumstances as to justify federal courts in entertaining habeas corpus applications in advance of retrial in a state court following reversal of a criminal conviction. In the present case the petitioner’s state court conviction was reversed for procedural errors. He sought a federal habeas corpus order to prevent his retrial in the state court on the ground that the evidence at his first…