Legal Opinion

John Graham v. Darin Young

Court of Appeals for the Eighth Circuit

Decided March 30, 2018No. 16-4260; 16-4448PublishedCited by 2 opinions

1Opinion of the Court

LOKEN, Circuit Judge.

John Graham was extradited from Canada and then convicted of felony murder in violation of South Dakota Codified Laws §§ 22-16-9 and 22-19-1. The state courts upheld his conviction on direct appeal and denied post-conviction relief. Graham filed a petition for a federal writ of habeas corpus, asserting various claims. See 28 U.S.C. § 2254 . The district court 1 denied relief but granted a certificate of appealability on Graham's claim that his conviction violated the "dual criminality" provision of the Treaty on Extradition between the United States of America and Canada…

2Cases cited22 opinions

  1. Lexmark Int'l, Inc. v. Static Control Components, Inc.Supreme Court of the United States · 2014
  2. Banco Nacional De Cuba v. SabbatinoSupreme Court of the United States · 1964
  3. United States v. RauscherSupreme Court of the United States · 1886
  4. Johnson v. BrowneSupreme Court of the United States · 1907
  5. United States v. ThirionCourt of Appeals for the Eighth Circuit · 1987

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3Cited by2 opinions

  1. GS Labs, LLC v. Medica Insurance CompanyDistrict Court, D. Minnesota · 2023
  2. GS Labs, LLC v. Medica Insurance CompanyDistrict Court, D. Minnesota · 2023

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