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BAKER v. STATE OF TEX.

No. CA 3-80-0046-C.

484 F.Supp. 587 (1980)

Darrett Bernard BAKER and Ritchie Renald Humphrey v. The STATE OF TEXAS.

United States District Court, N. D. Texas, Dallas Division.

February 19, 1980.

Attorney(s) appearing for the Case

Frank Jackson, Gay G. Cox, Dallas, Tex., for plaintiffs.

Mark White, Atty. Gen., Gerald C. Carruth, Asst. Atty. Gen., Austin, Tex., Henry M. Wade, Dist. Atty., Sue Lagarde, Asst. Dist. Atty., Dallas, Tex., for defendant.

MEMORANDUM OPINION

WILLIAM M. TAYLOR, Jr., District Judge.

Plaintiffs have filed this Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 and 2254 seeking a hearing on their claim of double jeopardy under the double jeopardy clause of the Fifth Amendment and the due process clause of the Fourteenth Amendment of the Constitution of the United States.

Defendants have moved to dismiss on the ground...

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