Legal Opinion

United States v. Gabrion

Court of Appeals for the Sixth Circuit

Decided August 3, 2011No. 02-1386, 02-1461, 02-1570PublishedCited by 29 opinions

1Opinion of the CourtMerritt, J., joined by Moore, J.,

BATCHELDER, C.J. (pp. 353-65), delivered a separate opinion concurring in part and dissenting in part.

OPINION

MERRITT, Circuit Judge.

We first heard this case and rendered a 2-1 decision on March 14, 2008, concluding that murder in a National Forest falls within federal subject matter jurisdiction, United States v. Gabrion, 517 F.3d 839 (6th Cir.2008). The parties then filed supplemental briefs in December 2009 and February 2010; and, after a second oral argument, we are now prepared to decide the other issues on the merits.

This case is a direct appeal pursuant to 18 U.S.C. § 3595 in a federal…

2Cases cited88 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Apprendi v. New JerseySupreme Court of the United States · 2000
  3. Crawford v. WashingtonSupreme Court of the United States · 2004
  4. In Re WINSHIPSupreme Court of the United States · 1970
  5. Faretta v. CaliforniaSupreme Court of the United States · 1975

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3Cited by29 opinions

  1. Commonwealth v. SanchezSupreme Court of Pennsylvania · 2013
  2. United States v. David RunyonCourt of Appeals for the Fourth Circuit · 2013
  3. William Emmett Lecroy, Jr. v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
  4. United States v. GabrionCourt of Appeals for the Sixth Circuit · 2013
  5. Commonwealth v. Le, Tam M., Aplt.Supreme Court of Pennsylvania · 2019

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