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LEMKE v. RYAN

No. 11-15960.

719 F.3d 1093 (2013)

Robert D. LEMKE, Petitioner-Appellant, v. Charles L. RYAN and Attorney General of the State of Arizona, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 19, 2013.

Attorney(s) appearing for the Case

Golnoosh Farzaneh (argued), Assistant Federal Public Defender, and Keith J. Hilzendeger , Research & Writing Specialist, Federal Public Defenders' Office, Phoenix, AZ, for Petitioner-Appellant.

Jeffrey L. Sparks (argued), Assistant Attorney General; Kent E. Cattani , Division Chief Counsel; Joseph T. Maziarz , Section Chief Counsel, Phoenix, AZ, for Respondents-Appellees.

Before: WILLIAM C. CANBY, JR. and N. RANDY SMITH, Circuit Judges, and LARRY A. BURNS, District Judge.

OPINION

CANBY, Senior Circuit Judge:

Petitioner Robert D. Lemke appeals the district court's denial of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254. Lemke contends that subjecting him to retrial for felony murder violated the Double Jeopardy Clause because a jury earlier had impliedly acquitted him of the robbery underlying the felony murder charge. We conclude that the Arizona Court of Appeals' holding that double jeopardy...

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