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ESTELLE v. McGUIRE

No. 90-1074.

502 U.S. 62 (1991)

ESTELLE, WARDEN v. McGUIRE

United States Supreme Court.

Decided December 4, 1991.

Attorney(s) appearing for the Case

Dane R. Gillette, Deputy Attorney General of California, argued the cause for petitioner. With him on the briefs were Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, John H. Sugiyama, Senior Assistant Attorney General, and Morris Beatus, Supervising Deputy Attorney General.

Ann Hardgrove Voris, by appointment of the Court, 499 U.S. 917, argued the cause and filed a brief for respondent.*

Rehnquist, C. J., delivered the opinion of the Court, in which White, Blackmun, Scalia, Kennedy, and Souter, JJ., joined, and in Part I of which Stevens and O'Connor, JJ., joined. O'Connor, J., filed an opinion concurring in part and dissenting in part, in which Stevens, J., joined, p.75. Thomas, J.,took no part in the consideration or decision of the case.

Chief Justice Rehnquist delivered the opinion of the Court.

Respondent Mark Owen McGuire was found guilty in a California state court of second-degree murder for the killing of his infant daughter. After unsuccessfully challenging his conviction on appeal in the state courts, McGuire sought federal habeas relief, and the United States Court of Appeals for the Ninth Circuit set aside his conviction. 902 F.2d 749 (1990). We hold that...

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