Legal Opinion
Leonard James McSherry v. Sherman Block, Sheriff
Court of Appeals for the Ninth Circuit
Decided July 21, 1989No. 88-5822PublishedCited by 47 opinions
1Opinion of the Court
TROTT, Circuit Judge:
In a habeas corpus petition, Leonard James McSherry challenges his conviction in state court for violations of California’s loitering statute. He argues that because the statute is ambiguous and had not been clarified at the time of the conduct for which he was convicted, his conviction under that statute violated due process and must be set aside. McSherry also contends *1051that the jury was improperly instructed on the standard of proof required to show an intent to loiter. We disagree with both contentions and affirm the dismissal of his petition.
I
BACKGROUND
On August 4,…
2Cases cited52 opinions
- In Re WINSHIPSupreme Court of the United States · 1970
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Broadrick v. OklahomaSupreme Court of the United States · 1973
- Grayned v. City of RockfordSupreme Court of the United States · 1972
- Mullaney v. WilburSupreme Court of the United States · 1975
47 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Nunez v. City Of San DiegoCourt of Appeals for the Ninth Circuit · 1997
- Nunez v. City of San DiegoCourt of Appeals for the Ninth Circuit · 1997
- Jesse Gonzalez v. Robert WongCourt of Appeals for the Ninth Circuit · 2011
- United States v. Rafael RodriguezCourt of Appeals for the Ninth Circuit · 2004
- William Clark v. Jill Brown, Warden, California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2006
42 more not listed; retrieve them via the Exa API.