Scott v. Jones

MEMORANDUM AND ORDER GRANTING PETITION FOR HABEAS CORPUS

JOHN W. OLIVER, Senior District Judge.

I

The first of the seven grounds alleged in the pending State prisoner habeas corpus petition presents the question of whether the petitioner was tried and convicted at a second trial in violation of the prohibition of the Double Jeopardy Clause of the Fifth Amendment that no “person shall be subject for the same offense to be twice put in jeopardy of life or limb.” Petitioner was convicted of first degree robbery at his first trial. That conviction was reversed by the Missouri Court of Appeals,…