Legal Opinion

Sager v. Maass

District Court, D. Oregon

Decided September 8, 1995No. Nos. CA 95-35300, CV 92-1110-PAPublished

1Opinion of the Court

ORDER

PANNER, District Judge.

I granted Donald G. Sager’s petition for habeas relief. Respondent appealed. The Ninth Circuit granted respondent’s motion for a limited remand. On remand, I conclude that there is no need to clarify the opinion.

DISCUSSION

Respondent contends that I used an incorrect “reasonable possibility” test in determining that petitioner was prejudiced by his trial attorney’s mistakes. Sager v. Maass, 907 F.Supp. 1412, 1421 (D.Or.1995) (“there is a reasonable possibility that the ten jurors who voted to convict were improperly swayed by the prejudicial references to…

2Cases cited11 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Larry Gene Heath v. Charlie Jones, WardenCourt of Appeals for the Eleventh Circuit · 1991
  3. United States v. Mary Jean FaubionCourt of Appeals for the Fifth Circuit · 1994
  4. Syvasky Lafayette Poyner v. Edward W. Murray, Director, Virginia Department of Corrections, (Six Cases)Court of Appeals for the Fourth Circuit · 1992
  5. Theodore Abbott Jones v. Gary Stotts, Mike Nelson, and Attorney General of KansasCourt of Appeals for the Tenth Circuit · 1995

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