Legal Opinion

Case v. Mondragon

Court of Appeals for the Tenth Circuit

Decided October 25, 1989No. Nos. 88-1685, 88-1748PublishedCited by 60 opinions

1Opinion of the Court

STEPHEN H. ANDERSON, Circuit Judge.

Petitioner, Carl Edwin Case, was tried in state court and convicted on a jury verdict of felony murder and criminal sexual penetration in the first degree. Following an unsuccessful state appeal1 Case sought federal habeas relief. The district court conditionally granted Case’s petition on one ground, and denied relief on another. Both parties have appealed.

The issue upon which Case prevailed involves an allegation of jury misconduct. Case asserts that the state trial court violated his constitutional rights when it refused to question the jury after its…

2Cases cited29 opinions

  1. Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
  2. Cuyler v. SullivanSupreme Court of the United States · 1980
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Darden v. WainwrightSupreme Court of the United States · 1986
  5. Donnelly v. DeChristoforoSupreme Court of the United States · 1974

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3Cited by60 opinions

  1. Steven Keith Hatch v. State of OklahomaCourt of Appeals for the Tenth Circuit · 1995
  2. Robert A. Brecheen v. Dan Reynolds, Warden of the Oklahoma State PenitentiaryCourt of Appeals for the Tenth Circuit · 1994
  3. State v. TorresNew Mexico Supreme Court · 1999
  4. James Ray Steele v. Leroy Young, Warden Attorney General of the State of OklahomaCourt of Appeals for the Tenth Circuit · 1993
  5. William Smith v. Secretary of New Mexico Department of Corrections Derald Kerby, Warden, Central New Mexico Correctional FacilityCourt of Appeals for the Tenth Circuit · 1995

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