DUNCAN v. TENNESSEE
No. 70-5122.
Argued January 13, 1972
Decided February 23, 1972
Rodger N. Bowman argued the cause and filed a brief for petitioner.
Everett H. Falk, Assistant Attorney General of Tennessee, argued the cause for respondent. With him on the brief was Robert E. Kendrick, Deputy Attorney General.
Per Curiam.
We granted certiorari in this case, 404 U. S. 821, to consider questions seemingly presented under the constitutional guarantee against double jeopardy. After briefing and oral argument, it now appears that those questions are so interrelated with rules of criminal pleading peculiar to the State of Tennessee, the constitutionality of which is not at issue, as not to warrant the exercise of the certiorari jurisdiction of this Court. See, e. g., Wilson v. State, 200 Tenn. 309, 292 S. W. 2d 188 (1956); Young v. State, 185 Tenn. 596, 206 S. W. 2d 805 (1947). See U. S. Sup. Ct. Rule 19 (1)(a). The writ is, therefore, dismissed as having been improvidently granted.
case did not arise on cert or cert not granted federal court conflict federal court conflict and to resolve important or significant question putative conflict conflict between federal court and state court state court conflict federal court confusion or uncertainty state court confusion or uncertainty federal court and state court confusion or uncertainty to resolve important or significant question to resolve question presented no reason given other reason