Legal Opinion
Clarke v. Spencer
District Court, D. Massachusetts
Decided November 12, 2008No. Civil 06-10572-RCLPublishedCited by 1 opinion
1Opinion of the Court
MEMORANDUM AND ORDER
YOUNG, District Judge.
I. INTRODUCTION
Alton Clarke (“Clarke”) filed this petition for a writ of habeas corpus to chai lenge his detention pursuant to Section 2254(d) of Chapter 28 of the United States Code. Clarke is serving a twelve-year sentence for rape and kidnapping at MCI-Norfolk. Clarke alleges that during his retrial upon reversal of prior convictions, the ambiguity of identically worded verdict slips, which acquitted him of one count of rape while convicting him of two other rape counts, subjected him to double jeopardy. Clarke further alleges that the prosecution…
2Cases cited50 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Murray v. CarrierSupreme Court of the United States · 1986
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
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3Cited by1 opinion
- Clarke v. SpencerCourt of Appeals for the First Circuit · 2009