Legal Opinion

Edward Byron Ballard v. Wayne Estelle, Warden

Court of Appeals for the Ninth Circuit

Decided June 26, 1991No. 90-55901PublishedCited by 17 opinions

1Opinion of the Court

WIGGINS, Circuit Judge:

Edward Byron Ballard appeals the district court’s dismissal of his habeas corpus petition on the merits. He is incarcerated in California for armed robbery and argues that the definition of “use of a firearm” used to enhance his sentence was broader than the California sentencing laws require, thereby denying him due process. He also argues that even if the state court’s definition of firearm use was the correct one, there was sufficient evidence of use, according to the definition, in only two of the 18 robbery counts. This court has jurisdiction under 28 U.S.C. §…

2Cases cited26 opinions

  1. Townsend v. SainSupreme Court of the United States · 1963
  2. Hewitt v. HelmsSupreme Court of the United States · 1983
  3. Board of Pardons v. AllenSupreme Court of the United States · 1987
  4. Hicks v. OklahomaSupreme Court of the United States · 1980
  5. People v. MillerCalifornia Supreme Court · 1977

21 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Donald Kenneth Fetterly v. David Paskett, Warden, Idaho State Prisons and Jim Jones, Attorney General of the State of IdahoCourt of Appeals for the Ninth Circuit · 1993
  2. Richard Allan Moran v. Salvador Godinez, WardenCourt of Appeals for the Ninth Circuit · 1994
  3. Lambright v. StewartCourt of Appeals for the Ninth Circuit · 1999
  4. Williams v. VasquezDistrict Court, E.D. California · 1993
  5. People v. A.L.California Court of Appeal · 2015

12 more not listed; retrieve them via the Exa API.

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