Legal Opinion
Marks v. Davis
District Court, N.D. California
Decided June 25, 2015No. CASE NO. CV 11-2458 LHKPublishedCited by 3 opinions
1Opinion of the Court
DEATH PENALTY CASE
ORDER GRANTING RESPONDENT’S MOTION FOR SUMMARY JUDGMENT AS TO CLAIMS 2, 3, AND 5
HON. LUCY H. KOH, District Judge
INTRODUCTION
The instant case arises from Petitioner’s conviction and death sentence for crimes that occurred on October 17, 1990. On January 31, 1992, while awaiting trial, Petitioner moved under California Penal Code section 1368 to suspend the criminal proceedings against him in order to determine whether he was competent to stand trial. (AG000943-44, AG000946-47.)2 On July 22, 1992, after a month-long trial, a jury found Petitioner competent to stand trial.…
2Cases cited62 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Harrington v. RichterSupreme Court of the United States · 2011
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3Cited by3 opinions
- Delaney Marks v. Ronald DavisCourt of Appeals for the Ninth Circuit · 2024
- Hurles v. RyanDistrict Court, D. Arizona · 2016
- Nash-Perry v. City of BakersfieldDistrict Court, E.D. California · 2023