Legal Opinion

Daryl Standlee v. B. J. Rhay

Court of Appeals for the Ninth Circuit

Decided July 21, 1977No. 76-1297PublishedCited by 60 opinions

1Opinion of the Court

JAMES M. CARTER, Circuit Judge:

The district court granted appellee’s petition for a writ of habeas corpus and Warden B. J. Rhay appeals. Appellee had his parole suspended based on criminal charges for which he was later acquitted. The district court held that collateral estoppel prevented a finding of guilt on these charges in the parole revocation hearings. We disagree with this conclusion and therefore reverse.

Facts

Appellee was paroled on September 28, 1970, from his 1959 conviction for rape. In January 1971, he was arrested and charged with two counts of second degree criminal assault.…

2Cases cited33 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  3. Ashe v. SwensonSupreme Court of the United States · 1970
  4. Benton v. MarylandSupreme Court of the United States · 1969
  5. Boddie v. ConnecticutSupreme Court of the United States · 1971

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3Cited by60 opinions

  1. Lucido v. Superior CourtCalifornia Supreme Court · 1990
  2. State v. AmmonsWashington Supreme Court · 2005
  3. State v. DupardWashington Supreme Court · 1980
  4. United States v. Lorenzo Soto-OlivasCourt of Appeals for the Ninth Circuit · 1995
  5. Moore v. RuthMississippi Supreme Court · 1990

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

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