Legal Opinion
Anthony Garcia v. Tom L. Carey, Warden
Court of Appeals for the Ninth Circuit
Decided January 20, 2005No. 17-16560PublishedCited by 37 opinions
1Opinion of the Court
CANBY, Circuit Judge.
Petitioner Anthony Garcia was convicted of robbery in California state court. The jury found that the robbery was gang related, and that a gun had been used. Garcia’s sentence was increased because of those two findings. After exhausting state remedies, Garcia filed a petition for habeas corpus in federal court, pursuant to 28 U.S.C. § 2254, challenging his sentence. The district court granted the petition on the ground that there was constitutionally insufficient evidence to support the imposition of the gang and gun sentencing enhancements. The State, in the person of…
2Cases cited10 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Ylst v. NunnemakerSupreme Court of the United States · 1991
- Early v. PackerSupreme Court of the United States · 2002
- People v. GardeleyCalifornia Supreme Court · 1996
- Billy Russell Clark v. Tim MurphyCourt of Appeals for the Ninth Circuit · 2003
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- People v. AlbillarCalifornia Supreme Court · 2010
- Briceno v. ScribnerCourt of Appeals for the Ninth Circuit · 2009
- People v. RomeroCalifornia Court of Appeal · 2006
- People v. VazquezCalifornia Court of Appeal · 2009
- Emery v. ClarkCourt of Appeals for the Ninth Circuit · 2011
32 more not listed; retrieve them via the Exa API.