Legal Opinion

Avelino Martinez v. United States

Court of Appeals for the Sixth Circuit

Decided July 10, 2015No. 14-5860PublishedCited by 7 opinions

1Opinion of the CourtClay, J., joined by Gilman, J.,

SUTTON, J. (pp. 557-70), delivered a separate opinion concurring in part and dissenting in part.

OPINION

CLAY, Circuit Judge.

Petitioner Avelino Cruz Martinez (“Petitioner”) appeals from the order of .the district court denying his petition for a writ of habeas corpus filed under 28 U.S.C. § 2241. Petitioner is opposing extradition proceedings initiated in June 2013 by the United States on behalf of Mexico based on murder charges arising from a double homicide in a small Oaxacan community that took place on December 31, 2005. For the reasons that follow, we REVERSE the judgment of the district…

2Cases cited71 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Barker v. WingoSupreme Court of the United States · 1972
  3. United States v. MarionSupreme Court of the United States · 1971
  4. Hamdi v. RumsfeldSupreme Court of the United States · 2004
  5. Hamling v. United StatesSupreme Court of the United States · 1974

66 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Lonardo v. Travelers Indemnity Co.District Court, N.D. Ohio · 2010
  2. Avelino Cruz Martinez v. United StatesCourt of Appeals for the Sixth Circuit · 2016
  3. Rodolfo Burgos Noeller v. Wojdylo, JasonCourt of Appeals for the Seventh Circuit · 2019
  4. In re Extradition of SarellanoDistrict Court, W.D. Oklahoma · 2015
  5. Avelino Cruz Martinez v. United StatesCourt of Appeals for the Sixth Circuit · 2016

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