Legal Opinion
Santamaria v. Horsley
Court of Appeals for the Ninth Circuit
Decided January 16, 1998No. 95-16991PublishedCited by 59 opinions
1Opinion of the Court
Opinion by Judge WALLACE; Concurrence by Judge FERNANDEZ; Concurrence by Judge RYMER; Concurrence by Judge KOZINSKI; Dissent by Judge PREGERSON.
WALLACE, Circuit Judge:
Sheriff Don Horsley of San Mateo County, California, (State) appeals from the district court’s issuance of a writ of habeas corpus in favor of Jose Napolean Santamaría. The district court had jurisdiction under 28 U.S.C. § 2254. We have jurisdiction over this timely appeal pursuant to 28 U.S.C. §§ 1291 and 2253. Because Santamaría argues that retrial will violate his constitutional rights, we may review his petition even though…
2Cases cited17 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Lindh v. MurphySupreme Court of the United States · 1997
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Dowling v. United StatesSupreme Court of the United States · 1990
- United States v. WattsSupreme Court of the United States · 1997
12 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- United States v. Lavern Hankey, AKA Poo, OpinionCourt of Appeals for the Ninth Circuit · 2000
- Benjamin Wai Silva v. Jeanne S. Woodford, Warden, San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 2002
- Rollerson v. StateCourt of Criminal Appeals of Texas · 2007
- Victor Manuel Solis v. Rosie GarciaCourt of Appeals for the Ninth Circuit · 2000
- Steven Donald Stow v. Albert MurashigeCourt of Appeals for the Ninth Circuit · 2004
54 more not listed; retrieve them via the Exa API.