Legal Opinion

Samuel Marquez v. Jo Gentry

Court of Appeals for the Ninth Circuit

Decided January 17, 2018No. 16-15634UnpublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

Samuel Marquez appeals the district court’s denial of habeas corpus relief for his jury conviction for first-degree murder with a deadly weapon. We have jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.

1. The district court did not err in denying Marquez’s claim that the Nevada state district court’s refusal to give an insanity instruction1 violated his due process rights. Under the Antiterrorism and Effective Death Penalty Act (AEDPA), habeas relief for a state court judgment may only be granted if the adjudication “resulted in a decision that was contrary to, or…

2Cases cited11 opinions

  1. Harrington v. RichterSupreme Court of the United States · 2011
  2. Bradshaw v. RicheySupreme Court of the United States · 2005
  3. Florida v. NixonSupreme Court of the United States · 2004
  4. Harrington v. RichterSupreme Court of the United States · 2011
  5. Estelle v. McGuireSupreme Court of the United States · 1991

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3Cited by1 opinion

  1. Forrest Henry Gilliam v. Patrick Covello, WardenDistrict Court, E.D. California · 2025

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