Legal Opinion
Duncan Peder McKenzie Jr. v. Jack McCormick Warden, Montana State Prison
Court of Appeals for the Ninth Circuit
Decided June 24, 1994No. 93-35142PublishedCited by 47 opinions
1Opinion of the Court
Opinion by Judge KOZINSKI.
KOZINSKI, Circuit Judge.
Nearly 20 years after he was sentenced to death for the brutal murder of Lana Harding, Duncan Peder McKenzie, Jr., appeals the denial of his second federal habeas petition, claiming that a meeting between the special prosecutor and the sentencing judge denied him due process of law.
I. Background
While litigating his first federal habeas petition,1 McKenzie discovered that Special Prosecutor Douglas Anderson had met with Judge Nelson, who presided over McKenzie’s trial, for 45 minutes on February 7, 1975 — a week after the guilty verdict and a…
2Cases cited26 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Hickman v. TaylorSupreme Court of the United States · 1947
- Townsend v. SainSupreme Court of the United States · 1963
- Upjohn Co. v. United StatesSupreme Court of the United States · 1981
21 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Donald Eugene Lambert v. James Blodgett, Donald Eugene Lambert v. James BlodgettCourt of Appeals for the Ninth Circuit · 2004
- Benjamin Wai Silva v. Jeanne S. Woodford, Warden, San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 2002
- Don Soon Park v. People of the State of (Jr) California Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
- Alcala v. WoodfordCourt of Appeals for the Ninth Circuit · 2003
- Means v. StateNevada Supreme Court · 2004
42 more not listed; retrieve them via the Exa API.