Legal Opinion

Sally Marie McNeil v. Raymond L. Middleton Bill Lockyer

Court of Appeals for the Ninth Circuit

Decided September 22, 2003No. 01-56565PublishedCited by 22 opinions

1Opinion of the Court

OPINION

PAEZ, Circuit Judge:

Sally Marie McNeil (“McNeil”) appeals the district court’s denial of her federal habeas petition, challenging the constitutional validity of her state court conviction for second degree murder. We have jurisdiction under 28 U.S.C. § 2254, and we reverse the district court’s judgment and remand with directions to grant the petition.

In 1996, a California jury convicted McNeil for the second degree murder of her husband, Ray McNeil (“Ray”). At trial, McNeil admitted that she shot and killed Ray, but testified that she acted in self-defense because at the time of the…

2Cases cited28 opinions

  1. Williams v. TaylorSupreme Court of the United States · 2000
  2. Estelle v. McGuireSupreme Court of the United States · 1991
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Albright v. OliverSupreme Court of the United States · 1994
  5. Brecht v. AbrahamsonSupreme Court of the United States · 1993

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3Cited by22 opinions

  1. Middleton v. McNeilSupreme Court of the United States · 2004
  2. United States v. Francisco Jimenez Recio, United States of America v. Adrian Lopez-MezaCourt of Appeals for the Ninth Circuit · 2004
  3. Goodwin R. Brodit v. Steven J. Cambra, Jr., WardenCourt of Appeals for the Ninth Circuit · 2003
  4. David A. Raley v. Eddie Ylst, Acting Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2006
  5. Cox v. AyersCourt of Appeals for the Ninth Circuit · 2010

17 more not listed; retrieve them via the Exa API.

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