William B. Alexander v. Jack Fogliani

Appellant, in Nevada penal custody following a plea of guilty to a charge of second-degree murder and conviction thereon, appeals from orders of the United States District Court for the District of Nevada denying his application for writ of habeas corpus and his motion for reconsideration of the application. The District Court did not issue an order to show cause, nor did the court hold a hearing.

Appellant raises two issues in his application below and on appeal.

1. He contends that his rights under the due process and equal protection clauses of the Fourteenth Amendment were violated when an indictment was returned against him at a time when his trial upon an information had been halted by a writ of prohibition from the Nevada Supreme Court.

It has not yet been determined that the Fourteenth Amendment incorporates' the double jeopardy standards of the Fifth Amendment, but in any case it affords some protection against multiple vexation. Barnett v. Gladden, 375 F.2d 235 (9th Cir. 1967). However, we find no violation here under either view. At the time the indictment was issued, trial upon the information had proceeded only to the point of selecting some of the jurors. Jeopardy…