Legal Opinion

Brett Pensinger v. Kevin Chappell

Court of Appeals for the Ninth Circuit

Decided June 2, 2015No. 12-99006, 13-99000PublishedCited by 10 opinions

1Opinion of the Court

OPINION

TALLMAN, Circuit Judge:

Brett Patrick Pensinger was convicted of kidnapping and first-degree murder and sentenced to death in 1982. After his California state appeals, Pensinger filed a writ of habeas corpus in federal court prior to the enactment of the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214. The district court granted in part and denied in part Pensinger’s federal ha-beas petition, ultimately vacating the kidnap-murder special circumstance and the death sentence. Both parties appealed. “[B]eeause in most matters it is more…

2Cases cited53 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Gregg v. GeorgiaSupreme Court of the United States · 1976
  5. Kotteakos v. United StatesSupreme Court of the United States · 1946

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3Cited by10 opinions

  1. United States v. Ruslan KirilyukCourt of Appeals for the Ninth Circuit · 2022
  2. Tracy Petrocelli v. Renee BakerCourt of Appeals for the Ninth Circuit · 2017
  3. Mark Rogers v. E. McDanielCourt of Appeals for the Ninth Circuit · 2015
  4. (HC) Schuster v. EspinozaDistrict Court, E.D. California · 2019
  5. People v. DrewCalifornia Court of Appeal · 2017

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