Legal Opinion
Douglas v. Jacquez
Court of Appeals for the Ninth Circuit
Decided November 24, 2010No. 08-17478PublishedCited by 36 opinions
1Opinion of the Court
OPINION
BEA, Circuit Judge:
We are asked to decide whether a federal habeas court can order a state court to re-sentence a defendant under a lesser-included offense that was not considered by the jury.
Gordon Andrew Douglas was convicted by a California jury of one count of first-degree murder in violation of California Penal Code § 187, and a separate count of arson of an inhabited structure in violation of California Penal Code § 451(b). The evidence at trial established that Douglas and his brother broke into Jack Clark’s home to commit a robbery. During the course of the robbery, Douglas…
2Cases cited14 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Wainwright v. SykesSupreme Court of the United States · 1977
- Burks v. United StatesSupreme Court of the United States · 1978
- Fay v. NoiaSupreme Court of the United States · 1963
- Benton v. MarylandSupreme Court of the United States · 1969
9 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Reuben Lujan v. Silvia GarciaCourt of Appeals for the Ninth Circuit · 2013
- In re B.H.Supreme Court of Rhode Island · 2016
- Jensen v. HernandezDistrict Court, E.D. California · 2012
- United States v. Alexander Dejarnette, Jr.Court of Appeals for the Ninth Circuit · 2013
- Douglas v. JacquezCourt of Appeals for the Ninth Circuit · 2010
31 more not listed; retrieve them via the Exa API.