DIVANS v. CALIFORNIA

No. A-233.

439 U.S. 1367 (1978)

99 S.Ct. 39

58 L.Ed.2d 75

DIVANS v. CALIFORNIA.

Supreme Court of United States.

Decided September 1, 1978.


MR. JUSTICE REHNQUIST, Circuit Justice.

Applicant's motion to stay the proceedings in the Superior Court of Santa Clara County, Cal., is denied.

In July 1977 applicant filed a similar motion for stay pending review in this Court of his claim that the Double Jeopardy Clause of the United States Constitution prohibits the State of California from retrying him for murder. In denying the stay, I noted the California Superior Court's finding that the error resulting...

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