Legal Opinion
Jerry Emanuel POLLARD, Petitioner-Appellant, v. Theo WHITE, Warden, Respondent-Appellee
Court of Appeals for the Ninth Circuit
Decided July 25, 1997No. 95-15772PublishedCited by 41 opinions
1Opinion of the Court
TASHIMA, Circuit Judge:
Petitioner Jerry Emanuel Pollard appeals the district court’s dismissal on the merits of his petition under 28 U.S.C. § 2254. He contends that the California Court of Appeal (CCA) violated his right to a jury trial by reducing his conviction from first to second-degree murder to remedy a harmful trial error, instead of ordering a new trial. He also contends that he received ineffective assistance of counsel when his attorney failed to object to the State’s motion to modify the verdict on appeal.
We conclude that, even assuming that the CCA erred in reducing Pollard’s…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Kotteakos v. United StatesSupreme Court of the United States · 1946
- Jones v. BarnesSupreme Court of the United States · 1983
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
14 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Smith v. StewartCourt of Appeals for the Ninth Circuit · 1998
- Freddy Leon Wildman v. Dan JohnsonCourt of Appeals for the Ninth Circuit · 2001
- Robin Lynn Bailey v. Anthony Newland, WardenCourt of Appeals for the Ninth Circuit · 2001
- United States v. Alfonso Labrada Gurolla, United States of America v. Jose Reyes Ortega-Gonzalez, United States of America v. Manuel Barraza LeonCourt of Appeals for the Ninth Circuit · 2003
- Blufford Hayes, Jr. v. Jeanne WoodfordCourt of Appeals for the Ninth Circuit · 2002
36 more not listed; retrieve them via the Exa API.