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Clark v. O'Brien

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ORDER DENYING CERTIFICATE OF APPEALABILITY

Before TYMKOVICH, BALDOCK, and HOLMES, Circuit Judges.

On March 3, 1975, petitioner-appellant Herman Clark was sentenced to life imprisonment for armed robbery by the federal district court in the Western District of Oklahoma. He was later convicted of first degree murder by an Oklahoma state court and also sentenced to life in prison.*fn1 In 1986, he filed a federal habeas corpus action in which he made a number of contentions, including one that the district court interpreted as a claim that his state conviction violated the constitutional prohibition against double jeopardy and also violated Okla. Stat. tit. 21, § 25 (repealed 1986), which was Oklahoma’s statute prohibiting double jeopardy at that time.*fn2

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