Legal Opinion

Sivak v. Hardison

Court of Appeals for the Ninth Circuit

Decided September 7, 2011No. 08-99006PublishedCited by 87 opinions

1Opinion of the Court

OPINION

M. SMITH, Circuit Judge:

Dixie Wilson was murdered on April 6, 1981, while she was working at the Baird Oil gas station in Garden City, Idaho. Approximately $385 was taken from the station’s cash drawer and safe. Both Petitioner Lacey Sivak and his co-defendant Randall Bainbridge (who was tried separately) admitted that they were present when the crime occurred, but each insisted that the other was responsible for the murder and robbery. The jury convicted Sivak of felony murder and/or aiding and abetting felony murder, but acquitted him of pre-meditated murder. The trial judge then…

2Cases cited105 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. United States v. BagleySupreme Court of the United States · 1985
  3. Giglio v. United StatesSupreme Court of the United States · 1972
  4. Kyles v. WhitleySupreme Court of the United States · 1995
  5. Picard v. ConnorSupreme Court of the United States · 1971

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3Cited by87 opinions

  1. Cary Williams v. Timothy FilsonCourt of Appeals for the Ninth Circuit · 2018
  2. Matthew Sexton v. Mike CoznerCourt of Appeals for the Ninth Circuit · 2012
  3. United States v. Pirouz SedaghatyCourt of Appeals for the Ninth Circuit · 2013
  4. Gentry v. SinclairCourt of Appeals for the Ninth Circuit · 2012
  5. Martin Fong v. Charles RyanCourt of Appeals for the Ninth Circuit · 2014

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