Legal Opinion

Richard Louis Arnold Phillips v. Daniel B. Vasquez, Warden, San Quentin State Prison

Court of Appeals for the Ninth Circuit

Decided May 26, 1995No. 92-15828PublishedCited by 45 opinions

1Opinion of the Court

Opinion by Judge REINHARDT; Concurrence by Judge KLEINFELD.

REINHARDT, Circuit Judge:

It has been almost fifteen years since Richard Louis Arnold Phillips was convicted of murder and first sentenced to death, and ten years since the state supreme court affirmed his conviction and vacated his sentence. The question before us is whether we should now review the constitutionality of Phillips’ conviction or require him to continue to wait until the state has rendered a final decision regarding his sentence before allowing him to petition for habeas review of the conviction.

BACKGROUND

In 1980,…

2Cases cited25 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Younger v. HarrisSupreme Court of the United States · 1971
  3. Rose v. LundySupreme Court of the United States · 1982
  4. Escobedo v. IllinoisSupreme Court of the United States · 1964
  5. McCleskey v. ZantSupreme Court of the United States · 1991

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3Cited by45 opinions

  1. Sammy Page v. Audrey KingCourt of Appeals for the Ninth Circuit · 2019
  2. Richard Louis Arnold Phillips v. Jeanne S. WoodfordCourt of Appeals for the Ninth Circuit · 2001
  3. Robert E. Hill v. Jack E. Potter, Postmaster GeneralCourt of Appeals for the Seventh Circuit · 2003
  4. Randy GREENAWALT, Petitioner-Appellant, v. Terry L. STEWART, Et Al., Respondents-AppelleesCourt of Appeals for the Ninth Circuit · 1997
  5. Gary Burris v. Al C. Parke, Superintendent, Indiana State Prison, and Pamela Carter, Attorney General of the State of IndianaCourt of Appeals for the Seventh Circuit · 1996

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