Legal Opinion
Jimmie Lee Custer v. Jean Hill, Superintendent, Eastern Oregon Correctional Institution
Court of Appeals for the Ninth Circuit
Decided August 6, 2004No. 02-36038PublishedCited by 14 opinions
1Opinion of the Court
Opinion by Judge RAWLINSON; Dissent by Judge FERGUSON.
RAWLINSON, Circuit Judge.
Jimmie Lee Custer appeals the District Court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his conviction for sodomy in the first degree. Custer’s claim that the Oregon court violated his rights under the Fifth Amendment fails. Custer was not subjected to double jeopardy when Oregon prosecuted Custer for engaging in sodomy with his stepson between November 1, 1986 and June 19, 1987, after Custer was acquitted at a prior trial charging him with engaging in sodomy on June 20, 1987,…
2Cases cited11 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Mitchell v. EsparzaSupreme Court of the United States · 2003
- Thaddaeus Louis Turner v. Arthur Calderon, Warden, San Quentin State Prison Jeanne Woodford, Warden, as Warden of San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 2002
- Eric Allen Peterson v. Robert LampertCourt of Appeals for the Ninth Circuit · 2003
- Billy Russell Clark v. Tim MurphyCourt of Appeals for the Ninth Circuit · 2003
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Smith v. BaldwinCourt of Appeals for the Ninth Circuit · 2007
- Martinez v. SchriroCourt of Appeals for the Ninth Circuit · 2010
- Smith v. BaldwinCourt of Appeals for the Ninth Circuit · 2007
- Benjamin Asaeli v. Mike ObenlandCourt of Appeals for the Ninth Circuit · 2017
- Garcia v. CDC DirectorCourt of Appeals for the Ninth Circuit · 2006
9 more not listed; retrieve them via the Exa API.