Willhauck v. Flanagan - 448 U.S. 1323 (1980)


U.S. Supreme Court

Willhauck v. Flanagan, 448 U.S. 1323 (1980)

Willhauck v. Flanagan

No. A-169

Decided August 28, 1980

448 U.S. 1323

Syllabus

An application for a stay pending appeal to the Court of Appeals from the District Court's order denying applicant's request for a temporary restraining order enjoining, on double jeopardy grounds, two separate Massachusetts state court prosecutions against him, is denied. Applicant has not alleged sufficient irreparable harm to warrant considering whether there is a reasonable probability that four Justices of this Court would consider the issue whether an exception to the doctrine of Younger v. Harris, 401 U. S. 37, should be made for double jeopardy claims to be sufficiently meritorious to grant certiorari should the merits of the case eventually come before this Court.



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