Legal Opinion

Frank Loher v. Todd Thomas

Court of Appeals for the Ninth Circuit

Decided June 17, 2016No. 14-16147PublishedCited by 25 opinions

1Opinion of the Court

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a state appellate court unreasonably applied Supreme Court precedent in upholding a conviction and resulting sentence against a claim that the petitioner was forced to testify in violation of his rights to remain silent and to due process.

I

Petitioner Frank O. Loher was convicted in Hawaii state court of attempted sexual assault and given an extended-term sentence, all of which was affirmed on appeal.1 He subsequently filed this petition for a writ of habeas corpus in federal district court. Because his claims relate to matters of trial…

2Cases cited66 opinions

  1. United States v. CronicSupreme Court of the United States · 1984
  2. Smith v. RobbinsSupreme Court of the United States · 2000
  3. Woodford v. VisciottiSupreme Court of the United States · 2002
  4. White v. WoodallSupreme Court of the United States · 2014
  5. United States v. MorrisonSupreme Court of the United States · 1981

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3Cited by25 opinions

  1. United States v. Jazzman Rickeem BrownCourt of Appeals for the Eleventh Circuit · 2018
  2. James Troiano v. United StatesCourt of Appeals for the Ninth Circuit · 2019
  3. Barry Jones v. David ShinnCourt of Appeals for the Ninth Circuit · 2019
  4. State v. Loher.Hawaii Supreme Court · 2017
  5. United States Ex Rel. Juan Hong v. Newport Sensors, Inc.Court of Appeals for the Ninth Circuit · 2018

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