Legal Opinion
Jose Tamayo-Reyes v. J.C. Keeney
Court of Appeals for the Ninth Circuit
Decided March 4, 1991No. 90-35315PublishedCited by 10 opinions
1Opinion of the Court
TROTT, Circuit Judge:
Jose Tamayo-Reyes appeals the denial of his habeas corpus petition, claiming the district court erred in refusing to grant an evidentiary hearing on whether his nolo contendere plea to manslaughter was unconstitutional. We reverse in part and remand because the district court improperly deferred to certain state court factual findings based on 28 U.S.C. § 2254(d) (1988), instead of holding an evidentiary hearing on the merits of Reyes’s claim as required by Townsend v. Sain, 372 U.S. 293, 83 S.Ct. 745, 9 L.Ed.2d 770 (1963).
FACTS AND PROCEEDINGS BELOW
Reyes is a Cuban…
2Cases cited42 opinions
- North Carolina v. AlfordSupreme Court of the United States · 1970
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Townsend v. SainSupreme Court of the United States · 1963
- Fay v. NoiaSupreme Court of the United States · 1963
- Brewer v. WilliamsSupreme Court of the United States · 1977
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3Cited by10 opinions
- Keeney v. Tamayo-ReyesSupreme Court of the United States · 1992
- Woratzeck v. LewisDistrict Court, D. Arizona · 1994
- Keeney v. Tamayo-ReyesSupreme Court of the United States · 1992
- Jose Tamayo-Reyes v. J.C. KeeneyCourt of Appeals for the Ninth Circuit · 1992
- David Raymond Durham v. Carl ZenonCourt of Appeals for the Ninth Circuit · 1992
5 more not listed; retrieve them via the Exa API.