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· 9/10/2001

Sanna v. DiPaulo

Citations

  • 265 F.3d 1
  • 2001 U.S. App. LEXIS 19969
  • 2001 WL 1013148

How courts have described this case

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

  • holding that an evidentiary hearing, written opinion by the superior court judge, and a direct appeal to the SJC. was sufficient to find full and fair litigation of Fourth Amendment claim
  • suggesting that only witness credibility and recitals of external events qualify as basic or primary facts for purposes of section 2254(d)(2)
  • finding arguably erroneous intoxication instruction harmless beyond a reasonable doubt because defendant premised his trial defense on mistaken identity
  • noting, that subsection (e)(1)’s presumption of correctness standard applies only to “basic, primary, or historical facts”
  • requiring attorneys’ fees sought by putative class pursuant to 14 California’s Consumer Legal Remedies Act to be divided among all members of the 15 putative class for calculating the $75,000 amount in controversy
  • alleging unconstitutional warrantless arrest, transgression of Miranda rights, and improper jury instructions

Source: CourtListener parenthetical corpus (CC0).

Judges: Boudin, Torruella, Selya

Read full opinion on CourtListener

Sourced 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.