Legal Opinion
James Edward Hegler v. Robert G. Borg, Warden Dan Lungren
Court of Appeals for the Ninth Circuit
Decided March 27, 1995No. 94-55450PublishedCited by 102 opinions
1Opinion of the Court
TROTT, Circuit Judge.
OVERVIEW
California state prisoner James Edward Hegler appeals the district court’s decision to dismiss his 28 U.S.C. § 2254 petition for writ of habeas corpus challenging his conviction and sentence for murder. Hegler contends the district court erred by treating the violation of his derivative Sixth Amendment constitutional right to be present at the reading of trial testimony to the jury during deliberations as a harmless “trial error,” rather than a “structural error.” We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
BACKGROUND
1. The Law
The United…
2Cases cited22 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- United States v. OlanoSupreme Court of the United States · 1993
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Gideon v. WainwrightSupreme Court of the United States · 1963
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3Cited by102 opinions
- Patrick James Jeffries v. Tana Wood, SuperintendentCourt of Appeals for the Ninth Circuit · 1997
- In Re Rainbow Magazine, Inc., Debtor. Craig E. Caldwell v. Unified Capital Corp.Court of Appeals for the Ninth Circuit · 1996
- Clarence Ray Allen v. Jeanne S. Woodford, Warden, of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2005
- Robert TURNER, Petitioner-Appellant, v. Charles D. MARSHALL, Warden, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1995
- Alaimalo v. United StatesCourt of Appeals for the Ninth Circuit · 2011
97 more not listed; retrieve them via the Exa API.