Legal Opinion
Oscar Archie Clifton v. Attorney General of the State of California Board of Prison Terms
Court of Appeals for the Ninth Circuit
Decided July 2, 1993No. 91-55577PublishedCited by 42 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We are called upon to decide whether a district court, on its own initiative, can refuse to enforce a judgment order because of a change in the law after the judgment became final.
I
In August of 1976, Clifton was convicted in California state court of first degree murder and sentenced to death. On direct appeal, his sentence was modified to life imprisonment with the possibility of parole. In 1977, section 3041.5 of the California Penal Code became effective, providing prisoners with annual parole hearings. That section was amended in 1982 to provide for parole…
2Cases cited22 opinions
- Sanders v. United StatesSupreme Court of the United States · 1963
- Federated Department Stores, Inc. v. MoitieSupreme Court of the United States · 1981
- Ackermann v. United StatesSupreme Court of the United States · 1950
- United States v. Swift & Co.Supreme Court of the United States · 1932
- Blair v. CommissionerSupreme Court of the United States · 1937
17 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Phelps v. AlameidaCourt of Appeals for the Ninth Circuit · 2009
- Kingvision Pay-Per-View Ltd. v. Lake Alice BarCourt of Appeals for the Ninth Circuit · 1999
- Roche Palo Alto LLC v. Apotex, Inc.Court of Appeals for the Federal Circuit · 2008
- Paulo v. HolderCourt of Appeals for the Eighth Circuit · 2011
- Bowman v. United StatesUnited States Court of Federal Claims · 1996
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