Legal Opinion
John WINDHAM, Petitioner-Appellant, v. William MERKLE, Respondent-Appellee
Court of Appeals for the Ninth Circuit
Decided December 17, 1998No. 97-15455PublishedCited by 154 opinions
1Opinion of the Court
Opinion by Judge ALARCON; Dissent by Judge FERNANDEZ.
ALARCON, Circuit Judge:
John W. Windham (“Windham”), a California state prisoner, appeals pro se from the denial of his federal petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. He asserts deprivations of rights protected under the Fifth, Sixth, Eighth and Fourteenth Amendments. After summarizing the relevant facts, we address each of these contentions separately. We affirm in part and vacate and remand in part with directions for the district court to afford the petitioner a chance to demonstrate cause for defaulting…
2Cases cited39 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Batson v. KentuckySupreme Court of the United States · 1986
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
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3Cited by154 opinions
- Juan H. v. Walter Allen IIICourt of Appeals for the Ninth Circuit · 2005
- Ronald Dale Yeatts v. Ronald J. Angelone, Director, Virginia Department of CorrectionsCourt of Appeals for the Fourth Circuit · 1999
- David C. Smith v. W.A. Duncan, WardenCourt of Appeals for the Ninth Circuit · 2002
- Jackson v. BrownCourt of Appeals for the Ninth Circuit · 2008
- Kou Lo Vang v. State of NevadaCourt of Appeals for the Ninth Circuit · 2003
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