Legal Opinion
Patrick James Jeffries v. Tana Wood, Superintendent
Court of Appeals for the Ninth Circuit
Decided May 12, 1997No. 95-99003PublishedCited by 481 opinions
1Opinion of the Court
Opinion by Judge THOMAS; Dissent by Judge KOZINSKI.
THOMAS, Circuit Judge:
This ease requires us to consider the effect of two precepts designed to promote consistency and stability in development of the law: the doctrine of law of the case and the presumption against retroactive application of new statutes.
After carefully examining the application of these tenets to this case, we hold that a three-judge panel improperly applied the law of the case when it reversed its prior decision and reimposed a death sentence. However, we hold that law of the case requires only vacation of the death…
2Cases cited71 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Brecht v. AbrahamsonSupreme Court of the United States · 1993
- Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
- Cannon v. University of ChicagoSupreme Court of the United States · 1979
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
66 more not listed; retrieve them via the Exa API.
3Cited by481 opinions
- Lindh v. MurphySupreme Court of the United States · 1997
- Donald Eugene Lambert v. James Blodgett, Donald Eugene Lambert v. James BlodgettCourt of Appeals for the Ninth Circuit · 2004
- In Re Avery W. Vial, MovantCourt of Appeals for the Fourth Circuit · 1997
- Tworivers v. LewisCourt of Appeals for the Ninth Circuit · 1999
- Jesus Garcia Delgado v. Gail Lewis, Deputy Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2000
476 more not listed; retrieve them via the Exa API.