Legal Opinion

Smith v. Schriro

Court of Appeals for the Ninth Circuit

Decided February 4, 2016No. 96-99025, 96-99026, 10-99011PublishedCited by 16 opinions

1Opinion of the Court

Opinion by Judge REINHARDT; Concurrence by Judge SCHROEDER; Special Concurrence by Judge REINHARDT; Dissent by Judge CALLAHAN.

OPINION

REINHARDT, Circuit Judge:1

This case, to which the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) does not apply, returns to us following remand to the Arizona state *1178court to conduct an Atkins evidentiary-hearing. After that hearing the state trial court denied Smith’s Atkins claim, and the Arizona Court of Appeal denied special action relief, and the Arizona Supreme Court denied Smith’s petition for review. The district court then found Smith’s…

2Cases cited61 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Lockett v. OhioSupreme Court of the United States · 1978
  4. Lindh v. MurphySupreme Court of the United States · 1997
  5. Atkins v. VirginiaSupreme Court of the United States · 2002

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3Cited by16 opinions

  1. Alexander Balbuena v. William SullivanCourt of Appeals for the Ninth Circuit · 2020
  2. Gerald Pizzuto, Jr. v. Randy BladesCourt of Appeals for the Ninth Circuit · 2019
  3. Tracy Cain v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2017
  4. Woodall v. CommonwealthMissouri Court of Appeals · 2018
  5. Ex parte MooreCourt of Criminal Appeals of Texas · 2018

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