Legal Opinion

Leavitt v. Arave

Court of Appeals for the Ninth Circuit

Decided May 17, 2011No. 08-99002PublishedCited by 43 opinions

1Opinion of the Court

Opinion by Chief Judge KOZINSKI; Dissent by Judge REINHARDT.

OPINION

KOZINSKI, Chief Judge:

With fifteen strokes of his knife, Richard Leavitt slashed and stabbed Danette Elg to death in her bedroom. Then, as Ms. Elg lay dying on top of her punctured waterbed, Leavitt hacked out her womanhood — -just as his ex-wife had seen him do to “play[ ] with the female sexual organs of a deer.” State v. Leavitt (Leavitt I), 116 Idaho 285, 775 P.2d 599, 602 (1989). We decide whether Leavitt’s lawyer rendered ineffective assistance of counsel while trying to have him acquitted of the death penalty.

Facts

Our…

2Cases cited40 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Cullen v. PinholsterSupreme Court of the United States · 2011
  3. Wiggins v. Smith, WardenSupreme Court of the United States · 2003
  4. Ake v. OklahomaSupreme Court of the United States · 1985
  5. Atkins v. VirginiaSupreme Court of the United States · 2002

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3Cited by43 opinions

  1. Richard Hurles v. Charles L. RyanCourt of Appeals for the Ninth Circuit · 2014
  2. Runningeagle v. SchriroCourt of Appeals for the Ninth Circuit · 2016
  3. United States v. Alexander PopovCourt of Appeals for the Ninth Circuit · 2014
  4. Tracy Cain v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2017
  5. Paul Bolin v. Ron DavisCourt of Appeals for the Ninth Circuit · 2021

38 more not listed; retrieve them via the Exa API.

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