Legal Opinion

David L. Murtishaw v. Jeanne Woodford, Warden of the California State Prison at San Quentin

Court of Appeals for the Ninth Circuit

Decided June 26, 2001No. 98-99018PublishedCited by 125 opinions

1Opinion of the Court

HUG, Circuit Judge:

Petitioner David Murtishaw, a California death row inmate, appeals the district court’s denial, on the merits and after an evidentiary hearing, of his habeas corpus petition challenging: 1) his 1979 conviction for three counts of first degree murder and one count of assault with attempt to commit murder; and 2) his 1983 sentence of death. We conclude that the district court properly denied Murtishaw’s claims with regard to his conviction of murder; however, the district court erred in denying one of Murtishaw’s claims with regard to his death sentence. Accordingly, we…

2Cases cited83 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Slack v. McDanielSupreme Court of the United States · 2000
  3. Brady v. MarylandSupreme Court of the United States · 1963
  4. Boykin v. AlabamaSupreme Court of the United States · 1969
  5. Hill v. LockhartSupreme Court of the United States · 1985

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3Cited by125 opinions

  1. Robert Lewis Himes v. S. Frank ThompsonCourt of Appeals for the Ninth Circuit · 2003
  2. People v. HoustonCalifornia Supreme Court · 2012
  3. Donald Beardslee v. Jeanne S. Woodford, Warden, of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2004
  4. William Harold Mancuso, Petitioner-Appellant-Cross-Appellee v. Ana M. Olivarez, Respondent-Appellee-Cross-AppellantCourt of Appeals for the Ninth Circuit · 2002
  5. Demetrie Ladon Mayfield v. Jeanne Woodford, WardenCourt of Appeals for the Ninth Circuit · 2001

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