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Name: Laboa v. Calderon
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/11/2000
Subsequent History: None

The district court here properly denied Laboa's habeas petition because even if the confession of another participant in the crimes had been suppressed for use in Laboa's trial, the result would not have been different. The redacted portion of the confession added nothing to the evidence against Laboa. As a result the use of Denney's confession did not result in actual prejudice under Brecht v. Abrahamson (1993) 507 U.S. 619,…

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Name: Manning v. Foster
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/22/2000
Subsequent History: None

Where the district court dismissed petitioner's habeas petition on grounds of procedural default because petitioner did not raise ineffective assistance of counsel in state court, and where petitioner made no claim of actual innocence, the Court of Appeals had to determine whether there was "cause" and "prejudice" to excuse his procedural default. Here, trial counsel disclosed that he had failed to file the notice of appeal on time, and informed petitioner that his only recourse was to file a motion for reconsideration, and to appeal from that. Trial counsel also admitted to petitioner that he was not optimistic…

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Name: Jiminez v. Rice
Case #: 99-15574
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/22/2000
Subsequent History: Cert. den. 3/31/03

The Court of Appeals rejected petitioner's claim of equitable tolling, raised for the first time on appeal, because it had not been raised below and was not a pure question of law. In this habeas action predicated on ineffective assistance of counsel, petitioner had filed no appeal in state court. When respondent moved to dismiss, petitioner requested that the habeas action be stayed to permit him to exhaust his state remedies and the district court did so. After the California Supreme Court denied petitioner's state habeas petition, the district court dismissed the habeas action with prejudice,…

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Name: La Crosse v. Kernan
Case #: 97-55085
Court: US Court of Appeals
District 9 Cir
Opinion Date: 04/24/2000
Subsequent History: Opn. withdrawn by the Court on 9/8/00

In 1983, La Crosse was convicted of first-degree murder. In 1996, he filed a petition for writ of habeas corpus in the California Supreme Court raising the issue of his right to be present at a read-back of testimony to the jury, an issue he had not raised on direct appeal. The Supreme Court denied the petition on the merits and for lack of timeliness. The federal appellate court here reversed, because the grounds for denial were not independent of the federal question or adequate to support the judgment. In 1998 the California Supreme Court clarified that…

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Name: Delgado v. Lewis
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/23/2000
Subsequent History: None

On this remand following the U.S. Supreme Court's opinion in Smith v. Robbins (2000) 528 U.S. —, the appellate court reconsidered its decision, and concluded that Smith altered the analysis but not the result, and affirmed the district court. The appellate court found that trial counsel rendered constitutionally ineffective assistance and that appellate counsel similarly rendered ineffective assistance in filing a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, despite the fact that a certificate of probable cause had been issued certifying two issues. Both instances of ineffective assistance were prejudicial. At the trial level,…

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Name: Shumway v. Payne
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/25/2000
Subsequent History: None

Petitioner's due process claims were procedurally barred because her statement of the issue presented and her citation to a Kansas decision were insufficient to put the Washington Supreme Court on notice of her federal claim of error arising from the trial court's redaction of her statement to the police, and her codefendant-mother's statement to the police. Issues concerning Washington state law of procedural default were not summarized. On federal habeas review, the fact that the jury instruction given here may have split the mental state and the act among the two defendants could not have had a "substantial and…

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Name: Ellis v. Armenakis
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/25/2000
Subsequent History: None

Where petitioner admitted his ineffective assistance of counsel claim was procedurally defaulted because he did not exhaust available state remedies, the Court of Appeals rejected his claim that his procedural default should be excused because Oregon's procedure for implementing the United States Supreme Court's decision in Anders v. California (1967) 386 U.S. 738 was deficient. Even if the procedure was deficient, petitioner failed to show how appellate counsel's failure to file an Anders compliant brief lead to the failure to file for further review in the Oregon Supreme Court. Sufficiency of the evidence issues turning on Oregon state law…

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Name: People v. Superior Court (Berryman)
Case #: F035818
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 08/25/2000
Subsequent History: Review denied 10/25/00

The filing of a petition for writ of habeas corpus, such as that filed here which alleges claims of ineffective assistance of counsel due to counsel's failure to investigate and/or prepare a defense, constitutes raising by collateral review an issue or issues related to the recorded portion of the record created pursuant to Penal Code section 987.9. (Pen. Code, § 987.9, subd. (d).) No further "litigation purpose" beyond the filing of the petition for writ of habeas corpus is required by the section to give the Attorney General access to the confidential investigation requests. The superior court therefore…

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Name: Rees v. Hill
Case #: 01-70750
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/26/2002
Subsequent History: None

Apprendi v. New Jersey (2000) 530 U.S. 466 does not apply retroactively to cases on collateral review so as to permit a successive habeas corpus…

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Name: Patterson v. Gomez
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/16/2000
Subsequent History: None

In this first-degree murder prosecution, the trial court used a non-standard jury instruction. After giving CALJIC 3.30, which instructed the jury that it could consider evidence of mental disease or disorder to determine whether appellant actually formed the mental state required, the court gave CALJIC 2.90, the reasonable doubt instruction, followed by the non-standard instruction, in which the court told the jury: "At the time of the alleged offense charged in the information, you were [sic] instructed to presume that the defendant was sane." The Court of Appeals held that giving this instruction was constitutional error violating the…

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