Robert Lemke v. Charles Ryan

OPINION

CANBY, Senior Circuit Judge:

Petitioner Robert D. Lemke appeals the district court’s denial of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. Lemke contends that subjecting him to retrial for felony murder violated the Double Jeopardy Clause because a jury earlier had impliedly acquitted him of the robbery underlying the felony murder charge. We conclude that the Arizona Court of Appeals’ holding that double jeopardy did not bar Lemke’s retrial was not “contrary to, or ... an unreasonable application of, clearly established Federal law, as determined by the…