· 7/22/2009
Kessee v. Mendoza-Powers
Citations
- 574 F.3d 675
- 2009 U.S. App. LEXIS 18803
- 2009 WL 2170081
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that, under AEDPA, just because an appellate court’s own interpretation of the prior-conviction exception is reasonable does not mean that the state court’s reading was unreasonable
- noting that, under AEDPA, just because an appellate court‟s own interpretation of the prior- conviction exception is reasonable does not mean that the state court‟s reading was unreasonable
- habeas relief unavailable for claim 19 under Apprendi and Shepard that California trial court improperly found a prior conviction, 20 because U.S. Supreme Court has not announced the specific principle upon which claim 21 depended
- “What is the scope of the „prior conviction‟ exception to the general rule that a sentencing judge may not make factual findings that increase the statutory maximum criminal penalty? The Supreme Court has not yet answered that question.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Noonan, O'Scannlain, Graber
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.