Legal Opinion

Ervin v. Davis

District Court, N.D. California

Decided December 11, 2015No. CASE NO. CV 00-1228 LHKPublishedCited by 1 opinion

1Opinion of the Court

DEATH PENALTY CASE

ORDER

LUCY H. KOH, UNITED STATES DISTRICT COURT JUDGE

I. INTRODUCTION

Respondent filed a motion for summary judgment with respect to all 37 claims contained in Petitioner’s amended petition for a writ of habeas corpus. Petitioner opposes Respondent’s motion and requests an evidentiary hearing on 15 claims. This Order addresses Petitioner’s claims 1 through 6, which pertain to severance and jury selection issues. Foh the reasons discussed below, Respondent’s motion with respect to claim's 1 through 5 is GRANTED, and ruling on claim 6 is deferred. The remainder of Petitioner’s…

2Cases cited76 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Batson v. KentuckySupreme Court of the United States · 1986
  5. Harrington v. RichterSupreme Court of the United States · 2011

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3Cited by1 opinion

  1. Curtis Ervin v. Ron DavisCourt of Appeals for the Ninth Circuit · 2021

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