Legal Opinion
Clyde McGarry v. Jack Fogliani, Warden, Etc.
Court of Appeals for the Ninth Circuit
Decided January 18, 1967No. 20498_1PublishedCited by 28 opinions
1Per curiam
Appellant seeks habeas corpus, attacking his conviction of grand larceny in a Nevada state court and his sentence as an habitual criminal under Nevada Rev. Stat. 207.010. 1 He was charged, in an amended information, with five prior convictions.
He claims that the statute violates Article I, § 3 of the Nevada Constitution, which guarantees the right to trial by jury, and also the Sixth and Fourteenth Amendments to the Constitution of the United States, particularly the Sixth Amendment guarantee of jury trial. The first contention, being purely a question of state law, is not open to him in…
2Cases cited18 opinions
- Oyler v. BolesSupreme Court of the United States · 1962
- Gryger v. BurkeSupreme Court of the United States · 1948
- Lisby v. StateNevada Supreme Court · 1966
- United States v. Jerome Dwight GlassCourt of Appeals for the Fourth Circuit · 1963
- W. C. Dodd v. United StatesCourt of Appeals for the Ninth Circuit · 1963
13 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rodriquez v. United StatesSupreme Court of the United States · 1969
- Escobar v. State, Texas Court of Appeals, 1st District (Houston)1993
- United States Ex Rel. Ralph Maselli v. Frederick G. Reincke, WardenCourt of Appeals for the Second Circuit · 1967
- Russell Judas Nelson v. C. C. Peyton, Superintendent of the Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1969
- State v. MatthewsSupreme Court of North Carolina · 1978
23 more not listed; retrieve them via the Exa API.