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Ninth Circuit· 4/5/2023

Jonathan Duke v. Josie Gastelo

Citations

  • 64 F.4th 1088

Oral argument

Source: CourtListener oral-argument corpus (CC0).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • where conviction was final, subsequent 4 proceedings under Penal Code § 1172.6 did not meet requirements for Younger abstention 5 because “§ 1172.6 resentencing proceeding will not address [petitioner’s] constitutional 6 challenges”
  • “Properly framed, the 25 third requirement for Younger abstention asks whether there remains an opportunity to litigate the 26 federal claim in a state-court proceeding at the time the federal court is considering whether to 27 abstain.”
  • “Properly framed, the third 20 requirement for Younger abstention asks whether there remains an opportunity to litigate the 21 federal claim in a state-court proceeding at the time the federal court is considering whether to 22 abstain.”
  • “For purposes of the present appeal, the salient point is that 2 the State agrees that there is no possibility the ongoing [resentencing] proceeding will address 3 Duke’s constitutional claims; indeed, the state courts have already considered and rejected them.” 4 (emphasis added)

Source: CourtListener parenthetical corpus (CC0).

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Cited by

1 case in this archive cites this case.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

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