Legal Opinion
David Duhaime v. Kenneth Ducharme
Court of Appeals for the Ninth Circuit
Decided January 10, 2000No. 98-36073PublishedCited by 214 opinions
1Opinion of the Court
ORDER
The opinion filed October 12, 1999, slip op. 12555, is amended as follows:
Slip op. at 12561, heading [1]: Delete entire paragraph beginning with “This court, however, .... ” and replace with:
This court, however, has held that, because of the 1996 AEDPA amendments, it can no longer reverse a state court decision merely because that decision conflicts with Ninth Circuit precedent on a federal Constitutional issue. Moore v. Calderon, 108 F.3d 261, 264 (9th Cir.1997). Rather, the writ will issue only when the state court decision is “contrary to, or involved an unreasonable application of,…
2Cases cited16 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- Lindh v. MurphySupreme Court of the United States · 1997
- Solem v. HelmSupreme Court of the United States · 1983
- Yakus v. United StatesSupreme Court of the United States · 1944
- United States v. JacksonSupreme Court of the United States · 1968
11 more not listed; retrieve them via the Exa API.
3Cited by214 opinions
- Antonio Darnell Robinson v. John Ignacio, WardenCourt of Appeals for the Ninth Circuit · 2004
- Billy Russell Clark v. Tim MurphyCourt of Appeals for the Ninth Circuit · 2003
- Robert Lewis Himes v. S. Frank ThompsonCourt of Appeals for the Ninth Circuit · 2003
- Tuan Van Tran v. Gary Lindsey, Warden Salinas Valley State Prisons State of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
- Clarence Ray Allen v. Steven W. Ornoski, Warden, of the California State Prison at San Quentin Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2006
209 more not listed; retrieve them via the Exa API.