575 F.2d 481 (4th Cir. 1978), 77-2050, Hall v. McKenzie

Docket Nº:77-2050.
Citation:575 F.2d 481
Party Name:Robert Thomas HALL, Appellant, v. Arthur L. McKENZIE, Acting Warden, West Virginia Maximum Security Prison, Appellee.
Case Date:May 18, 1978
Court:United States Courts of Appeals, Court of Appeals for the Fourth Circuit
 
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Page 481

575 F.2d 481 (4th Cir. 1978)

Robert Thomas HALL, Appellant,

v.

Arthur L. McKENZIE, Acting Warden, West Virginia Maximum

Security Prison, Appellee.

No. 77-2050.

United States Court of Appeals, Fourth Circuit

May 18, 1978

Argued March 8, 1978.

Page 482

Ray A. Byrd, Wheeling, W.Va. (Schrader, Stamp & Recht, Wheeling, W. Va., on brief), for appellant.

Pamela Tarr, Asst. Atty. Gen., Charleston, W.Va. (Chauncey H. Browning, Jr., Atty. Gen., and Betty L. Caplan, Asst. Atty. Gen., Charleston, W. Va., on brief), for appellee.

Before WINTER and HALL, Circuit Judges, and FIELD, Senior Circuit Judge.

WINTER, Circuit Judge:

Robert Thomas Hall appeals from the denial of his petition for a writ of habeas corpus. His claim to the writ was grounded principally on the allegation that the West Virginia rape conviction for which he is now incarcerated was obtained in violation of the double jeopardy clause because he had already been placed in jeopardy at the juvenile hearing convened to determine whether to transfer his case to a court of general jurisdiction. We conclude that, under West Virginia law, Hall was not placed in jeopardy by his appearance before the juvenile court because that court lacked jurisdiction over Hall's case except to transfer it. Finding no merit in this or any of Hall's other claims, we affirm.

I.

Hall was arrested and charged with forcible rape on March 27, 1974. Because he

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was seventeen at the time of the alleged assault, the case was referred to the juvenile court of Ohio County, West Virginia. On August 13, 1974, the juvenile court held a hearing to determine whether to transfer the case to a court of general jurisdiction so that Hall could be tried on criminal charges as an adult. The sole witness at this hearing was the alleged victim, who described the rape and identified Hall as her assailant. On September 5, 1974, the juvenile court issued an order directing that the case be transferred to the intermediate court of Ohio County for presentment to a grand jury. Hall was eventually indicted for forcible rape, and on June 11, 1975, he entered a plea of guilty. In keeping with a plea agreement, he was given a sentence of between ten and twenty years.

After exhausting state remedies, he filed a petition for habeas corpus relief claiming that his conviction had been obtained in violation of the double jeopardy clause. When the district court declined to issue the writ, this appeal followed.

II.

Hall bases his double jeopardy claim on Breed v. Jones, 421 U.S. 519, 95 S.Ct. 1779, 44 L.Ed.2d 346 (1975). The double jeopardy issue in Breed arose from the appearance of a California...

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