Legal Opinion

Eddie Charles Spivey v. Theresa Rocha, Warden, California State Prison

Court of Appeals for the Ninth Circuit

Decided October 22, 1999No. 98-15061PublishedCited by 67 opinions

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

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  5. Lindh v. MurphySupreme Court of the United States · 1997

26 more not listed; retrieve them via the Exa API.

3Cited by67 opinions

  1. Harry M. Sassounian v. Earnest Roe, Warden of Lancaster Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
  2. Duncan v. OrnoskiCourt of Appeals for the Ninth Circuit · 2008
  3. United States v. Miles MusgravesCourt of Appeals for the Seventh Circuit · 2016
  4. Gregory Demetrulias v. Ron DavisCourt of Appeals for the Ninth Circuit · 2021
  5. Ali v. GroundsDistrict Court, S.D. California · 2017

62 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API