Legal Opinion
Clarke v. Spencer
Court of Appeals for the First Circuit
Decided September 22, 2009No. 08-2476PublishedCited by 9 opinions
1Opinion of the Court
EBEL, Circuit Judge.
Habeas Petitioner Alton Clarke appeals the district court’s decision denying him relief, under 28 U.S.C. § 2254, from his Massachusetts convictions for kidnapping and rape. Clarke argues that 1) the Commonwealth unconstitutionally used the fact that he invoked his right to remain silent during a police interrogation against him at trial; and 2) Clarke’s retrial, following two earlier trials on similar charges, violated double jeopardy. We reject these arguments and, having jurisdiction under 28 U.S.C. § 2253, we AFFIRM.
I. BACKGROUND
A. Factual background
Viewed in the light…
2Cases cited27 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Doyle v. OhioSupreme Court of the United States · 1976
- Ashe v. SwensonSupreme Court of the United States · 1970
- Harris v. ReedSupreme Court of the United States · 1989
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3Cited by9 opinions
- Bucci v. United StatesCourt of Appeals for the First Circuit · 2011
- David Wade v. Deb Timmerman-CooperCourt of Appeals for the Sixth Circuit · 2015
- Tash v. RodenCourt of Appeals for the First Circuit · 2010
- Jordan v. EppsDistrict Court, S.D. Mississippi · 2010
- Rosario v. RodenCourt of Appeals for the First Circuit · 2015
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