Legal Opinion

James Ivins v. M. Martel

Court of Appeals for the Ninth Circuit

Decided October 1, 2013No. 12-55703UnpublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

Petitioner-Appellant James Allen Ivins appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his sentence as cruel and unusual punishment in violation of the Eighth Amendment. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

Our review is governed by the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Id. AEDPA restricts federal courts from granting a ha-beas writ to a petitioner in custody after a state court judgment on the merits unless the petitioner can show that the state court’s last reasoned…

2Cases cited3 opinions

  1. Cullen v. PinholsterSupreme Court of the United States · 2011
  2. Gonzalez v. DuncanCourt of Appeals for the Ninth Circuit · 2008
  3. Crosby v. SchwartzCourt of Appeals for the Ninth Circuit · 2012

3Cited by1 opinion

  1. Ivins v. LizarragaSupreme Court of the United States · 2014

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