Legal Opinion
Daniel Francis Marzano v. Lawrence Kincheloe
Court of Appeals for the Ninth Circuit
Decided October 2, 1990No. 89-35891PublishedCited by 16 opinions
1Opinion of the Court
HUG, Circuit Judge:
The State of Washington appeals the district court’s grant of Daniel Marzano’s 28 U.S.C. § 2254 (1988) habeas petition. Mar-zano was sentenced to life imprisonment without the possibility of parole on one of the two counts of murder to which he pled guilty. The district court granted the petition for the reason that a sentence of life imprisonment without the possibility of parole cannot be constitutionally imposed on Marzano under the Washington statute upon which his conviction was based. We affirm.
I
On February 27, 1980, the State charged Marzano with two counts of first…
2Cases cited12 opinions
- United States v. JacksonSupreme Court of the United States · 1968
- Sumner v. ShumanSupreme Court of the United States · 1987
- State v. MartinWashington Supreme Court · 1980
- Kenneth D. Oxborrow, Petitioner-Appellee/cross-Appellant v. Kenneth O. Eikenberry, Norman Carlson, Respondents-Appellants/cross-AppelleesCourt of Appeals for the Ninth Circuit · 1989
- United States v. Maria Yanibe MontillaCourt of Appeals for the Ninth Circuit · 1989
7 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- United States v. Kenneth L. BellCourt of Appeals for the Seventh Circuit · 1995
- Matter of Personal Restraint of MooreWashington Supreme Court · 1991
- Matter of Personal Restraint of GrisbyWashington Supreme Court · 1993
- State v. NorrisCourt of Appeals of Utah · 2004
- Morales v. California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 1994
11 more not listed; retrieve them via the Exa API.