Clarke v. Spencer, No. 08-2476
Petition for habeas relief by a defendant convicted of kidnapping and rape is denied where: 1) the prosecutor's questions did not directly or indirectly suggest that defendant might have invoked his right to remain silent; 2) defendant's double-jeopardy claim fails on its merits, and thus, his trial attorney was not constitutionally deficient in failing to raise the issue nor did the failure prejudice defendant; and 3) defendant failed to establish that habeas relief is warranted under his collateral-estoppel claim.
On Appeal from the United States District Court for the District of Massachusetts
Decided September 22, 2009
Opinion Ebel, Circuit Judge
For Appellant: Victoria L. Nadel
For Appellee: Susanne G. Reardon, Assistant Attorney General, Martha Coakley, Attorney General