Herron v. Straub

KEITH, Circuit Judge.

Petitioner-Appellant Ivory L. Herron appeals the district court’s denial of his petition for writ of habeas corpus in which he challenged his successive prosecution for homicide as a violation of the Double Jeopardy Clause of the Fifth Amendment to the Constitution. Because we do not find that the state court’s decision is an unreasonable application of or contrary to clearly established federal law, we AFFIRM the decision of the district court.

I. BACKGROUND

In this case, the factual circumstances are not in dispute. The relevant facts are as follows:

On October 17, 1995,…