Legal Opinion
Tong Xiong v. Tom Felker
Court of Appeals for the Ninth Circuit
Decided June 5, 2012No. 09-16830PublishedCited by 23 opinions
1Opinion of the Court
Opinion by Judge MILAN D. SMITH, JR., Circuit Judge; Dissent by Judge NOONAN.
OPINION
M. SMITH, Circuit Judge:
This case presents three certified issues which we review under the Anti-terrorism and Effective Death Penalty Act (AED-PA), 28 U.S.C. § 2254(d): (1) whether Petitioner-Appellant Tong Xiong’s (Xiong) federal due process rights were violated when the trial court construed California law to allow jurors to refuse to discuss their deliberations and alleged misconduct after trial; (2) whether jury misconduct involving unsolicited observations of some jurors deprived Xiong of his right to an…
2Cases cited24 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Harrington v. RichterSupreme Court of the United States · 2011
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Teague v. LaneSupreme Court of the United States · 1989
19 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Roger Murray v. Dora SchriroCourt of Appeals for the Ninth Circuit · 2014
- Graham S Henry v. Charles RyanCourt of Appeals for the Ninth Circuit · 2013
- Anthony Castellanos v. Larry SmallCourt of Appeals for the Ninth Circuit · 2014
- Tarango v. McDanielCourt of Appeals for the Ninth Circuit · 2016
- Konolus Smith v. Garry SwarthoutCourt of Appeals for the Ninth Circuit · 2014
18 more not listed; retrieve them via the Exa API.