Legal Opinion

Brian Dubrin v. People of the State of Califor

Court of Appeals for the Ninth Circuit

Decided June 20, 2013No. 10-56548PublishedCited by 27 opinions

1Opinion of the Court

OPINION

WATFORD, Circuit Judge:

The petitioner in this case, Brian Charles Dubrin, is serving a sentence of 25 years to life under California’s three-strikes law. He petitioned for a writ of habeas corpus on the ground that one of the prior convictions used to enhance his sentence was obtained in violation of his constitutional rights.

The facts related to that prior conviction are the following. In 2000, Dubrin pleaded no contest to making criminal threats in violation of California Penal Code § 422. Before Dubrin entered his plea, his lawyer asked the prosecutor to confirm that this conviction…

2Cases cited15 opinions

  1. Allen v. McCurrySupreme Court of the United States · 1980
  2. Stone v. PowellSupreme Court of the United States · 1976
  3. Kremer v. Chemical Construction Corp.Supreme Court of the United States · 1982
  4. Maleng v. CookSupreme Court of the United States · 1989
  5. Jones v. CunninghamSupreme Court of the United States · 1963

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3Cited by27 opinions

  1. Calaff v. CapraCourt of Appeals for the Second Circuit · 2017
  2. (HC) Bohannan v. MunizDistrict Court, E.D. California · 2023
  3. (HC) Carbajal v. DiazDistrict Court, E.D. California · 2019
  4. (HC) Le v. Field Office Director, San Francisco Field Office, United States Immigration and Customs EnforcementDistrict Court, E.D. California · 2024
  5. (HC) Panighetti v. GasteloDistrict Court, E.D. California · 2019

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

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