United States Tenth Circuit

In a capital habeas matter, a denial of the habeas petition is affirmed where: 1) there was no Supreme Court authority clearly establishing the proper reconciliation of the competing double-jeopardy principles at issue, which was fatal to his claim; and 2) it was neither arbitrary nor capricious for a state court of appeals to retain and exercise its customary appellate authority to correct the trial court's error in the event the trial court failed to take the required action.

Appellate Information

• Decided 02/10/2010
• Published 02/10/2010

Judges

• ANDERSON, Circuit Judge., Before GORSUCH and ANDERSON, Circuit Judges, and BRORBY, Senior Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: Mark Henricksen and Lanita Henricksen, Henricksen & Henricksen, Oklahoma City, OK, for Petitioner-Appellant.