Legal Opinion
Warren Wesley Summerlin v. Terry L. Stewart, Director of Arizona Department of Corrections
Court of Appeals for the Ninth Circuit
Decided September 2, 2003No. 98-99002PublishedCited by 90 opinions
1Opinion of the Court
Opinion by Judge THOMAS; Concurrence by Judge REINHARDT; Dissent by Judge RAWLINSON.
THOMAS, Circuit Judge.
In this appeal we consider whether the district court erred in denying a writ of habeas corpus sought as to petitioner’s conviction and death sentence. We affirm the district court’s judgment as to the conviction. However, we conclude that the Supreme Court’s decision in Ring v. Arizona, 536 U.S. 584, 122 S.Ct. 2428, 153 L.Ed.2d 556 (2002), applies retroactively so as to require that the penalty of death in this case be vacated.
I
It is the raw material from which legal fiction is forged: A…
2Cases cited184 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Slack v. McDanielSupreme Court of the United States · 2000
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
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3Cited by90 opinions
- Schriro v. SummerlinSupreme Court of the United States · 2004
- Ex Parte BrisenoCourt of Criminal Appeals of Texas · 2004
- United States v. Francisco Jimenez Recio, United States of America v. Adrian Lopez-MezaCourt of Appeals for the Ninth Circuit · 2004
- Ritchie v. StateIndiana Supreme Court · 2004
- Warren Wesley Summerlin v. Dora B. Schriro, Director of Arizona Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2005
85 more not listed; retrieve them via the Exa API.