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Dodge v. Robinson, No. 10-1189

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By FindLaw Staff on November 01, 2010 1:39 PM

Reversal of Grant of Drug Habeas Petition

In Dodge v. Robinson, No. 10-1189, a methamphetamine prosecution, the court reversed the grant of petitioner's habeas petition, holding that, because petitioner's double-jeopardy claim was without merit, his counsel's failure to raise the claim at trial could not constitute ineffective assistance.

As the court wrote:  "An Iowa jury found Thomas Dodge guilty of two felony drug offenses, and the trial court imposed consecutive sentences totaling 35 years. After an unsuccessful round of direct and post-conviction review before the Iowa courts, Dodge filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, claiming that his consecutive sentences violated the Double Jeopardy Clause of the Fifth Amendment to the United States Constitution."

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