United States of America Ex Rel. John Clauser v. George P. Shadid, Sheriff, and Tyrone Fahner, Attorney General of Illinois

PELL, Circuit Judge.

Petitioner John Clauser appeals the district court’s denial of his petition for habeas corpus. His primary argument on appeal is that the district court erred in concluding that his retrial and resulting conviction were permissible under the double jeopardy clause of the Fifth Amendment. Clauser also claims that he was deprived of effective assistance of counsel at the appellate level, enumerating several alleged errors in his trial which were not raised on his direct appeal to the Illinois Appellate Court. The respondents urge that Clauser failed to exhaust his state…