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Lambert v. Workman

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

Petitioner Robert Wayne Lambert was tried and convicted in Oklahoma twice for the first-degree murders of Laura Lee Sanders and Michael Houghton. The Oklahoma Court of Criminal Appeals (OCCA) rejected numerous objections to affirm his second convictions and associated death sentences. Lambert v. State, 984 P.2d 221 (Okla. Crim. App. 1999). He then sought habeas relief on many of the same grounds in the federal district court, which denied his petition in a thorough opinion. Lambert v. Workman, ___ F. Supp. 2d ___, 2009 WL 1941971 (N.D. Okla. July 2, 2009).*fn2 Lambert filed a notice of appeal and now asks this court to issue a certificate of appealability (COA) limited to the claim that his second trial for, and resultant conviction of, felony murder violated the constitutional prohibition on double jeopardy. We deem this claim “adequate to deserve encouragement to proceed further,” and therefore grant COA to afford it “full consideration” on appeal. Miller-El v. Cockrell, 537 U.S. 322, 336, 338 (2003). Upon full review, however, we affirm the district court’s decision to deny relief for the reasons explained below.

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