Legal Opinion · Dissent

Michael Cuero v. Matthew Cate

Court of Appeals for the Ninth Circuit

Decided June 30, 2016No. 12-55911Published

1DissentO’Scannlain, Circuit Judge

Today, the Court erroneously orders federal habeas relief to a state prisoner on the basis of a non-existent plea agreement and irrelevant state contract law. Because the decision of the California Court of Appeal affirming Cuero’s conviction was neither contrary to, nor an unreasonable application of, Supreme Court precedent, the district court’s denial of the writ of habeas corpus should have been affirmed.

I respectfully dissent.

I

A

It is appropriate to recapitulate the relevant facts. While driving under the influence of methamphetamine, Michael Daniel Cuero veered off the road and crashed…

2Cases cited61 opinions

  1. Puckett v. United StatesSupreme Court of the United States · 2009
  2. Woodford v. VisciottiSupreme Court of the United States · 2002
  3. White v. WoodallSupreme Court of the United States · 2014
  4. Early v. PackerSupreme Court of the United States · 2002
  5. Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003

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