Legal Opinion

David C. Barker v. Wayne Estelle, Warden

Court of Appeals for the Ninth Circuit

Decided September 11, 1990No. 89-15232PublishedCited by 16 opinions

1Opinion of the Court

PREGERSON, Circuit Judge:

Petitioner-Appellant David Christian Barker appeals pro se a district court’s order denying his petition for writ of habe-as corpus. Barker contends that his prosecution in California state court for three murders violated the Double Jeopardy Clause because jeopardy had attached at his Juvenile Court detention and fitness hearings. Barker also contends that he was deprived of due process at his juvenile detention and fitness hearings when the deputy district attorney introduced into evidence statements of an adult accomplice over the objection of Barker’s attorney…

2Cases cited30 opinions

  1. Bruton v. United StatesSupreme Court of the United States · 1968
  2. Murray v. CarrierSupreme Court of the United States · 1986
  3. Wainwright v. SykesSupreme Court of the United States · 1977
  4. Teague v. LaneSupreme Court of the United States · 1989
  5. In Re GAULTSupreme Court of the United States · 1967

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3Cited by16 opinions

  1. Melvin Mikes v. Robert G. Borg, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1991
  2. People v. TrujequeCalifornia Supreme Court · 2015
  3. In Re BarkerCalifornia Court of Appeal · 2007
  4. In Re O'NealCourt of Appeals of North Carolina · 2003
  5. Haynes v. StateWyoming Supreme Court · 2012

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