Legal Opinion

Theo Ervin Williams v. Robert Borg, Warden

Court of Appeals for the Ninth Circuit

Decided March 23, 1998No. 95-15942PublishedCited by 77 opinions

1Opinion of the Court

Opinion by Judge KLEINFELD; Dissent by Judge CANBY.

KLEINFELD, Circuit Judge:

Though there are others, the primary issue in this case is whether a judge may constitutionally strike a defendant’s testimony if, after warning and after opportunity to change his mind, the defendant refuses to be cross-examined.

FACTS

Williams appealed the district court’s denial of his petition for a writ of habeas corpus, under 28 U.S.C. § 2254. He is serving a life sentence imposed by a California state court, for forcible oral copulation, kidnapping, robbery, and other crimes, committed during the events described…

2Cases cited22 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. Chambers v. MississippiSupreme Court of the United States · 1973
  4. Lindh v. MurphySupreme Court of the United States · 1997
  5. United States v. YoungSupreme Court of the United States · 1985

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

3Cited by77 opinions

  1. Samson Dubria v. G.A. Smith, WardenCourt of Appeals for the Ninth Circuit · 2000
  2. United States v. $133,420.00 in United States CurrencyCourt of Appeals for the Ninth Circuit · 2012
  3. United States v. WrightCourt of Appeals for the Ninth Circuit · 2010
  4. Fields v. WoodfordCourt of Appeals for the Ninth Circuit · 2002
  5. John Gary Arredondo v. George OrtizCourt of Appeals for the Ninth Circuit · 2004

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

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