Legal Opinion · Dissent

Aldridge Currie v. Neil McDowell

Court of Appeals for the Ninth Circuit

Decided June 8, 2016No. 13-16187Published

1DissentBea, Circuit Judge

Aldridge Currie has been twice tried and twice convicted for the murder of Santos Maldonado. The California Court of Appeal did not unreasonably apply “clearly established Federal law, as determined by the Supreme Court of the United States”, when it affirmed Currie’s conviction following his retrial in 2008. 28 U.S.C. § 2254(d)(1). Furthermore, the court’s decision was not “based on an unreasonable determination of the facts in light of the evidence” before it. Id. § 2254(d)(2). Accordingly, Currie’s habeas petition “shall not be granted.” Id. § 2254(d). Since federal courts are statutorily…

2Cases cited13 opinions

  1. Marshall v. RodgersSupreme Court of the United States · 2013
  2. Robert Murray v. Dora SchriroCourt of Appeals for the Ninth Circuit · 2014
  3. People v. BoxCalifornia Supreme Court · 2000
  4. Lopez v. SmithSupreme Court of the United States · 2014
  5. Delbert Paulino v. R.A. Castro, WardenCourt of Appeals for the Ninth Circuit · 2004

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