Legal Opinion

James Hardy v. Kevin Chappell, Warden

Court of Appeals for the Ninth Circuit

Decided August 11, 2016No. 13-56289PublishedCited by 6 opinions

1Opinion of the Court

Dissent by Judge CALLAHAN

OPINION

BASTIAN, District Judge:

During the night of May 20, 1981, someone entered the apartment of Clifford and Nancy Morgan and brutally stabbed Nancy Morgan and their eight-year-old son to death. According to the State of California, that someone was James Edward Hardy. The State argued that theory at trial, obtaining a conviction and death sentence for Hardy. As it turns out, that someone was likely Calvin Boyd, a key prosecution witness at Hardy’s trial. Yet Hardy remains imprisoned, serving a life sentence.

The Antiterrorism and Effective Death Penalty Act of 1996…

2Cases cited34 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Knowles v. MirzayanceSupreme Court of the United States · 2009
  4. Alexis Shumway v. Alice Payne, Superintendent of Washington State Penitentiary at PurdyCourt of Appeals for the Ninth Circuit · 2000
  5. Strickland v. WashingtonSupreme Court of the United States · 1984

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3Cited by6 opinions

  1. Jones v. RyanDistrict Court, D. Arizona · 2018
  2. Sarah Weeden v. Deborah JohnsonCourt of Appeals for the Ninth Circuit · 2017
  3. (DP) Weaver v. ChappellDistrict Court, E.D. California · 2021
  4. Immunex Corporation v. Sanofi-Aventis U.S. LLCCourt of Appeals for the Federal Circuit · 2020
  5. Matta Santos v. K. HollandCourt of Appeals for the Ninth Circuit · 2019

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