Legal Opinion

Thomas Nevius v. George Sumner, Director of Department of Prisons, and Brian McKay Attorney General of the State of Nevada

Court of Appeals for the Ninth Circuit

Decided July 22, 1988No. 86-2878PublishedCited by 121 opinions

1Opinion of the Court

CANBY, Circuit Judge:

Thomas Nevius appeals the district court’s denial of his petition for a writ of habeas corpus. Nevius contends that (1) the prosecutor’s improper exercise of his peremptory challenges against minority veniremen deprived Nevius of a representative petit jury in violation of the sixth and fourteenth amendments; (2) the district court improperly denied Nevius’ request for an evidentiary hearing; (3) prosecutorial misconduct during closing arguments to the jury constituted reversible error; and (4) the indictment was defective in alleging first degree murder.

BACKGROUND

The…

2Cases cited20 opinions

  1. Batson v. KentuckySupreme Court of the United States · 1986
  2. Wainwright v. SykesSupreme Court of the United States · 1977
  3. Townsend v. SainSupreme Court of the United States · 1963
  4. Swain v. AlabamaSupreme Court of the United States · 1965
  5. Taylor v. LouisianaSupreme Court of the United States · 1975

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3Cited by121 opinions

  1. Nathaniel James v. Robert G. Borg, Warden Attorney General of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
  2. Gregory Dickens v. Charles L. RyanCourt of Appeals for the Ninth Circuit · 2014
  3. Nevius v. SumnerCourt of Appeals for the Ninth Circuit · 1996
  4. United States v. Marius CanoyCourt of Appeals for the Seventh Circuit · 1994
  5. Andrews v. DelandCourt of Appeals for the Tenth Circuit · 1991

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