· 7/25/1997
Jerry Emanuel POLLARD, Petitioner-Appellant, v. Theo WHITE, Warden, Respondent-Appellee
Citations
- 119 F.3d 1430
- 97 Daily Journal DAR 9498
- 97 Cal. Daily Op. Serv. 5906
- 1997 U.S. App. LEXIS 18994
- 1997 WL 414252
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- observing that “[a] hallmark of effective 20 appellate counsel is the ability to weed out claims that have no likelihood of success, 21 instead of throwing in a kitchen sink full of arguments with the hope that some argument 22 will persuade the court”
- noting at a minimum “implied malice aforethought” was demonstrated by the defendant’s statement “that he was going to ‘blow [the victim] away’” because it showed “an intent to shoot when he pulled the trigger” (alteration in original)
- 'We review a district court's dismissal of a habeas corpus petition de novo and may affirm on any ground supported by the record, even if it differs from the rationale of the district court.'
- “A hallmark of effective appellate counsel is the ability to weed out 3 claims that have no likelihood of success, instead of throwing in a kitchen sink full of 4 arguments with the hope that some argument will persuade the court.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Norris, Kozinski, Tashima
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.