Legal Opinion

Clark v. United States

Court of Appeals for the Ninth Circuit

Decided April 11, 2001No. 00-35271; D.C. Nos. CV-97-00054-GF-PGH, CR-87-00017-PGHPublished

1Opinion of the Court

MEMORANDUM *

Federal prisoner Wally Lee Clark (“Clark”) appeals from the district court’s denial of his 28 U.S.C. § 2255 habeas petition. Clark’s habeas petition raises constitutional challenges to his federal court conviction, following a jury trial, for: sodomy, in violation of 18 U.S.C. § 1153 and MCA 45-5-505(3); arson, in violation of 18 U.S.C. § 81; and second-degree murder, in violation of 18 U.S.C. § 1111. Specifically, Clark alleges that: (1) his Fourth Amendment rights were violated because the federal grand jury required him to submit blood, hair, and saliva samples without probable…

2Cases cited5 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Stone v. PowellSupreme Court of the United States · 1976
  3. Ortiz-Sandoval v. GomezCourt of Appeals for the Ninth Circuit · 1996
  4. UNITED STATES of America, Plaintiff-Appellee, v. Guadalupe CHACON-PALOMARES, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 2000
  5. Tisnado v. United StatesCourt of Appeals for the Ninth Circuit · 1976

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