Daryl Standlee v. B. J. Rhay
Court of Appeals for the Ninth Circuit
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
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Gagnon v. ScarpelliSupreme Court of the United States · 1973
- Ashe v. SwensonSupreme Court of the United States · 1970
- Benton v. MarylandSupreme Court of the United States · 1969
- Boddie v. ConnecticutSupreme Court of the United States · 1971
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3Cited by60 opinions
- Lucido v. Superior CourtCalifornia Supreme Court · 1990
- State v. AmmonsWashington Supreme Court · 2005
- State v. DupardWashington Supreme Court · 1980
- United States v. Lorenzo Soto-OlivasCourt of Appeals for the Ninth Circuit · 1995
- Moore v. RuthMississippi Supreme Court · 1990
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