John Espiredion Valerio v. Jackie Crawford, Director of the Department of Prisons E.K. McDaniel Warden
Court of Appeals for the Ninth Circuit
1Opinion of the Court
Opinion by Judge WILLIAM A. FLETCHER; Concurrence by Judge FISHER; Dissent by Judge RYMER.
OPINION
WILLIAM A. FLETCHER, Circuit Judge.
In this capital case, petitioner John Es-piredion'Valerio appeals the district court’s dismissal of his petition for writ of habeas corpus under 28 U.S.C. § 2254. We decide as follows:
First, we reverse the district court’s dismissal of Valerio’s habeas petition as to the penalty phase of his trial. During the penalty phase, the jury was instructed to determine whether the murder with which Valerio was charged “involved torture, depravity of mind, or mutilation of…
2Cases cited85 opinions
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- Jackson v. VirginiaSupreme Court of the United States · 1979
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- Chapman v. CaliforniaSupreme Court of the United States · 1967
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