No. 97-99006.

140 F.3d 1263 (1998)

Bernard SMITH, Petitioner-Appellant, v. Terry STEWART, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1998.

Attorney(s) appearing for the Case

James M. Ackerman and David B. Earl, Jennings, Strouss & Salmon, Phoenix, Arizona, for petitioner-appellant.

Galen H. Wilkes, Assistant Attorney General, Criminal Appeals Section, Office of Attorney General, Phoenix, Arizona, for respondent-appellee.

Before: FLETCHER, BRUNETTI, and FERNANDEZ, Circuit Judges.


FERNANDEZ, Circuit Judge:

Bernard Smith, a death-row prisoner of the State of Arizona, appeals the district court's grant of the state's motion for summary judgment, denial of his motion for summary judgment, and denial of his petition for a writ of habeas corpus. We affirm in part, reverse in part, and remand.


Unfortunately for the good citizens of Arizona, Smith went to Yuma in April of 1983, shortly after he was paroled...

Let's get started

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases