Legal Opinion

Harrison v. Gillespie

Court of Appeals for the Ninth Circuit

Decided February 22, 2010No. 08-16602PublishedCited by 8 opinions

1Opinion of the Court

Opinion by Judge REINHARDT; Dissent by Judge SILVERMAN.

ORDER AND OPINION

ORDER

At the time of Harrison’s sentencing trial and all state court proceedings related to the denial of his motion to strike the death penalty, the Nevada Supreme Court had interpreted the relevant statutory provisions to require that “[t]o obtain a death sentence, the State must prove beyond a reasonable doubt that at least one aggravating circumstance exists and that the aggravating circumstance or circumstances outweigh any mitigating evidence.” Gallego v. State, 117 Nev. 348, 23 P.3d 227, 239 (2001) (en banc)…

2Cases cited54 opinions

  1. Ring v. ArizonaSupreme Court of the United States · 2002
  2. Green v. United StatesSupreme Court of the United States · 1957
  3. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
  4. Arizona v. WashingtonSupreme Court of the United States · 1978
  5. United States v. ScottSupreme Court of the United States · 1978

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3Cited by8 opinions

  1. United States v. RojasCourt of Appeals for the Second Circuit · 2010
  2. Harrison v. GillespieCourt of Appeals for the Ninth Circuit · 2011
  3. Harrison v. GillespieCourt of Appeals for the Ninth Circuit · 2011
  4. Honken v. United StatesDistrict Court, N.D. Iowa · 2013
  5. Harrison v. GillespieCourt of Appeals for the Ninth Circuit · 2010

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