Legal Opinion
Anthony Rios v. Silvia Garcia, Warden
Court of Appeals for the Ninth Circuit
Decided November 15, 2004No. 03-55072PublishedCited by 47 opinions
1Opinion of the Court
RAWLINSON, Circuit Judge.
We reverse the district court’s grant of a conditional writ of habeas corpus because the California Superior Court’s decision affirming the petitioner’s sentence was not contrary to or an unreasonable application of clearly established federal law. We are barred from affirming issuance of the writ on the alternative Sixth Amendment grounds asserted by the petitioner in his cross-appeal because he was not granted a certificate of appealability as to those issues.
I. BACKGROUND
In 1998, petitioner Anthony Rios stole from K-Mart two watches having a combined value of…
2Cases cited19 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- Williams v. TaylorSupreme Court of the United States · 2000
- Lockyer v. AndradeSupreme Court of the United States · 2003
- Solem v. HelmSupreme Court of the United States · 1983
- Harmelin v. MichiganSupreme Court of the United States · 1991
14 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Gonzalez v. DuncanCourt of Appeals for the Ninth Circuit · 2008
- Norris v. MorganCourt of Appeals for the Ninth Circuit · 2010
- Andy Bernard Taylor v. Gail Lewis, WardenCourt of Appeals for the Ninth Circuit · 2006
- Crosby v. SchwartzCourt of Appeals for the Ninth Circuit · 2012
- Santos L. Reyes v. Jill Brown, WardenCourt of Appeals for the Ninth Circuit · 2005
42 more not listed; retrieve them via the Exa API.