Legal Opinion
Stephen Deck v. Mack Jenkins
Court of Appeals for the Ninth Circuit
Decided September 29, 2014No. 13-55130PublishedCited by 14 opinions
1Opinion of the Court
Opinion by Judge CHRISTEN; Dissent by Judge M. SMITH
OPINION
CHRISTEN, Circuit Judge:
Stephen Deck was convicted in California of one count of an attempted lewd act upon a child under the age of 14. After exhausting review of his conviction in state court, he petitioned the federal district court for habeas relief under 28 U.S.C. § 2254, arguing that prosecutorial misstatements made during rebuttal closing argument deprived him of a fair trial. The district court dismissed Deck’s petition. We reverse the district court’s judgment and remand for further proceedings.
BACKGROUND
Under the…
2Cases cited32 opinions
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Kyles v. WhitleySupreme Court of the United States · 1995
- Lockyer v. AndradeSupreme Court of the United States · 2003
- Darden v. WainwrightSupreme Court of the United States · 1986
- Caldwell v. MississippiSupreme Court of the United States · 1985
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3Cited by14 opinions
- Deck v. JenkinsCourt of Appeals for the Ninth Circuit · 2014
- Visciotti v. MartelCourt of Appeals for the Ninth Circuit · 2016
- Sessoms v. GroundsCourt of Appeals for the Ninth Circuit · 2014
- GPNE Corp. v. Apple Inc.District Court, N.D. California · 2015
- United States v. Lucio HernandezCourt of Appeals for the Ninth Circuit · 2017
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