Legal Opinion

Ortiz v. Dubois

Court of Appeals for the First Circuit

Decided March 28, 1994No. 93-1656PublishedCited by 66 opinions

1Opinion of the Court

BOWNES, Senior Circuit Judge. "

This is an appeal from the denial of a habeas petition filed by Juan Ortiz challenging his Massachusetts felony-murder conviction. Appellant argues that his right to due process of law under the Fourteenth Amendment was violated because: (1) the jury was not instructed to find all of the essential elements of felony-murder beyond a reasonable doubt; (2) the Massachusetts Supreme Judicial Court (SJC) affirmed his felony-murder conviction applying a legal theory not presented to the jury; ' and (3) there was insufficient evidence to support his felony-murder…

2Cases cited34 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Kotteakos v. United StatesSupreme Court of the United States · 1946
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Brecht v. AbrahamsonSupreme Court of the United States · 1993

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3Cited by66 opinions

  1. Danny BOYD, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent of the Oregon State Penitentiary, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1998
  2. Commonwealth v. MelloMassachusetts Supreme Judicial Court · 1995
  3. Szuchon v. LehmanCourt of Appeals for the Third Circuit · 2001
  4. Clifford Smith v. Martin Horn, Commissioner, Pennsylvania Department of Corrections James Price, Superintendent, of the State Correctional Institution at Greene, and Joseph P. Mazurkiewicz, Superintendent, of the State Correctional Institution at Rockview Clifford Smith v. Martin Horn, Commissioner, Pennsylvania Department of Corrections James Price, Superintendent, of the State Correctional Institution at Greene, and Joseph P. Mazurkiewicz, Superintendent, of the State Correctional Institution at RockviewCourt of Appeals for the Third Circuit · 1997
  5. Burks, Jr. v. DuboiseCourt of Appeals for the First Circuit · 1995

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