Court of Appeals for the Eleventh Circuit November 24, 1987, 86-8080 (John Thomas Fugitt, A/K/A Billy Joe Wallace, A/K/A William Wallace v. D.G. Lemacks (Sheriff))

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PER CURIAM:

This is an appeal from the district court’s denial of Fugitt’s petition for a writ of habeas corpus. The only issue presented on appeal is whether the Double Jeopardy Clause bars the retrial of Fugitt.

Fugitt was convicted and sentenced to death at his first trial.