Legal Opinion

Totten v. Merkle

Court of Appeals for the Ninth Circuit

Decided March 9, 1998No. 97-55109PublishedCited by 96 opinions

1Opinion of the Court

Opinion by Judge LAY; Dissent by Judge REINHARDT.'

LAY, Circuit Judge.

Anthony Lee Totten, a California state prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Totten claims denial of his right to a fair trial and ineffective assistance of counsel in his conviction for attempted murder and infliction of great bodily injury. He contends representation was deficient because trial counsel failed to present a defense that methamphetamine intoxication and paranoia prevented Totten from forming the requisite intent to kill. The…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Townsend v. SainSupreme Court of the United States · 1963
  3. Keeney v. Tamayo-ReyesSupreme Court of the United States · 1992
  4. Howard L. Bashor v. Henry Risley, Warden of Montana State Prison and Michael Greely, Attorney General for the State of MontanaCourt of Appeals for the Ninth Circuit · 1984
  5. Campbell v. WoodCourt of Appeals for the Ninth Circuit · 1994

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3Cited by96 opinions

  1. Schriro v. LandriganSupreme Court of the United States · 2007
  2. Taylor v. HornCourt of Appeals for the Third Circuit · 2007
  3. Buehl v. VaughnCourt of Appeals for the Third Circuit · 1999
  4. Nicole Harris v. Sheryl ThompsonCourt of Appeals for the Seventh Circuit · 2012
  5. Crittenden v. AyersCourt of Appeals for the Ninth Circuit · 2010

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

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