CLARKE v. SPENCER

No. 08-2476.

582 F.3d 135 (2009)

Alton CLARKE, Petitioner, Appellant, v. Luis SPENCER, Superintendent at MCI-Norfolk, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided September 22, 2009.


Attorney(s) appearing for the Case

Victoria L. Nadel, for appellant.

Susanne G. Reardon, Assistant Attorney General, Martha Coakley, Attorney General, was on brief for appellee.

Before LYNCH, Chief Judge, TORRUELLA and EBEL, Circuit Judges.


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...

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