Eddie Charles Spivey v. Theresa Rocha, Warden, California State Prison
Court of Appeals for the Ninth Circuit
1Opinion of the Court
CARTER, District Judge:
Eddie Charles Spivey, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his 1998 conviction for second degree murder and assault with a deadly weapon. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.
FACTS AND PRIOR PROCEEDINGS
Spivey was convicted on August 16, 1990 of assault with a deadly weapon with personal use of a firearm, and second degree murder. He was sentenced to 19 years to life. The murder victim was 16-year-old Marcus Walker. His twin brother, Marquis, was the assault…
2Cases cited31 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Estelle v. McGuireSupreme Court of the United States · 1991
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Lindh v. MurphySupreme Court of the United States · 1997
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- Ali v. GroundsDistrict Court, S.D. California · 2017
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