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Criminal Law

Criminal Appeal

Post-conviction practice in the Ninth Circuit and the California state courts.

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Last Entry: January 09, 2010 at 02:53:12

Supreme Court Reverses Ninth Circuit in Capital Case (Again)

Posted on May 14, 2007
The U.S. Supreme Court reversed the Ninth Circuit in an Arizona death penalty case today. Schriro v. Landrigan, No. 05-1575. Writing for a five-member majority, Justice Thomas ruled that the defendant instructed his attorney not to present mitigating evidence at...

Ninth Circuit Reverses Arizona Death Sentence (Again)

Posted on May 12, 2007
For the second time in this case, a Ninth Circuit panel granted habeas relief and reversed the capital sentence of an Arizona man on death row since 1982. Lambright v. Schriro, No. 04-99010 (Ferguson, Reinhardt, Thompson). The three-judge panel issued...

Ninth Circuit Upholds Three Strikes Sentence for Petty Theft

Posted on April 30, 2007
On Friday, the Ninth Circuit upheld a 25-to-life sentence imposed under California?s Three Strikes law on an 82 year-old defendant convicted of stealing $114 of tools from Home Depot. Nunes v. Ramirez-Palmer, 06-16100 (Gould, Smith, Covello). The Court rejected Nunes'...

AEDPA is 11 Years Old

Posted on April 24, 2007
AEDPA was effective on April 24, 1996, 11 years ago today.

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Cal. Supreme Court Upholds Trial Court Finding Of Mental Retardation In Capital Case

Posted on April 12, 2007
In a unanimous opinion, the California Supreme Court today upheld a trial court's finding that a capital defendant was mentally retarded and therefore categorically excluded from the death penalty under Atkins. California Penal Code section 1376 defines "mentally retarded" as...

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