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HARRIS v. YOUNG

No. 79-6036.

607 F.2d 1081 (1979)

Terry Lee HARRIS, Appellant, v. R. A. YOUNG, Warden, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1979.

Attorney(s) appearing for the Case

Ralph S. Spritzer, University of Pennsylvania Law School, Philadelphia, Pa., for appellant.

Linwood T. Wells, Jr., Asst. Atty. Gen., Richmond, Va. (Marshall Coleman, Atty. Gen. of Va., Richmond, Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, RUSSELL, Circuit Judge, and FIELD, Senior Circuit Judge.

HAYNSWORTH, Chief Judge:

Harris was tried twice for the murder of Joyce Hutchins. His first bench trial ended when the judge, sua sponte, declared a mistrial because of noncompliance with his discovery orders. Harris was subsequently brought to trial before the same judge and found guilty. He then sought habeas relief claiming the second trial and conviction constituted double jeopardy. The district court denied relief and Harris appealed. We reverse, for we...

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