Gerald Ross Pizzuto, Jr. v. A.J. Arave, Warden
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
RYMER, Circuit Judge.
Idaho state prisoner Gerald Ross Pizzu-to, Jr. appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition, in which he challenges his 1986 conviction and sentence for the first degree murders of Berta Herndon and her nephew, Delbert Herndon. Pizzuto was sentenced to death.
Because Pizzuto filed his habeas petition before the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) was enacted, AEDPA does not apply to the merits of his appeal. However, on April 26, 2000, the Supreme Court held in Slack v. McDaniel, 529 U.S. 473, 482, 120…
2Cases cited62 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Slack v. McDanielSupreme Court of the United States · 2000
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Murray v. CarrierSupreme Court of the United States · 1986
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
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3Cited by88 opinions
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- In Re DavisWashington Supreme Court · 2004
- In re the Personal Restraint of DavisWashington Supreme Court · 2004
- State v. Timothy Alan DunlapIdaho Supreme Court · 2013
- Clarence Ray Allen v. Jeanne S. Woodford, Warden, of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2005
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