Legal Opinion
Harry William Braley v. Clarence T. Gladden, Warden
Court of Appeals for the Ninth Circuit
Decided December 24, 1968No. 22200PublishedCited by 28 opinions
1Opinion of the Court
ELY, Circuit Judge:
This appeal is from an order denying appellant’s petition for habeas corpus. The District Court proceeded under 28 U.S.C. § 2241, and our jurisdiction is conferred by 28 U.S.C. § 2253.
Braley is an Oregon state prisoner. In 1958 a jury convicted him of first degree murder. Under Oregon law, ten of the twelve jurors might have returned a verdict of not guilty. In his instructions, the trial judge did not advise the jury of this fact. Furthermore, while a form for the returning of a guilty verdict was supplied to the jury, the court inadvertently neglected to supply the usual…
2Cases cited19 opinions
- Irvin v. DowdSupreme Court of the United States · 1961
- Palko v. ConnecticutSupreme Court of the United States · 1937
- Lisenba v. CaliforniaSupreme Court of the United States · 1942
- Betts v. BradySupreme Court of the United States · 1942
- Quercia v. United StatesSupreme Court of the United States · 1933
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- United States v. Dr. Bruce E. HodgesCourt of Appeals for the Tenth Circuit · 1973
- People v. HillSupreme Court of Colorado · 1973
- United States of America Ex Rel. Theodore Ross v. Gayle Franzen, Director, Department of Corrections, Dennis Wolff, Warden, Joliet Correctional CenterCourt of Appeals for the Seventh Circuit · 1982
- Francis Edward Klimas v. James Mabry, Commissioner, Arkansas Department of CorrectionsCourt of Appeals for the Eighth Circuit · 1979
- Pueblo v. Reyes AcevedoSupreme Court of Puerto Rico · 1972
23 more not listed; retrieve them via the Exa API.