Clark Sumner Cummings v. John E. Bennett, Warden, Iowa State Penitentiary

Petitioner, an Iowa prisoner, makes application to have a certificate of probable cause issued by a judge of this Court to enable him to take an appeal from the District Court’s denial and dismissal of his petition for a writ of habeas corpus. His petition was the sixth attempt made by him to have the District Court for the Southern District of Iowa release him from his incarceration.

His claim is that he is being subjected to double jeopardy, in that the sentence which he is being made to serve constitutes a second commitment and imprisonment for his offense. Pie alleges that a judgment of…