STEVENSON v. LEWIS

No. 03-55784.

384 F.3d 1069 (2004)

Amos Dwayne STEVENSON, Petitioner-Appellant, v. Gail LEWIS, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 22, 2004.


Attorney(s) appearing for the Case

Steven S. Lubliner, Law Offices of Steven S. Lubliner, Petaluma, CA, for petitioner-appellant.

Rhonda L. Cartwright-Ladendorf, Supervising Deputy Attorney General, State of California, San Diego, CA, for respondent-appellee.

Before: THOMPSON, SILVERMAN, and WARDLAW, Circuit Judges.


SILVERMAN, Circuit Judge.

Habeas petitioner Amos Dwayne Stevenson claims that he was tried in Orange County for a crime he committed in Los Angeles County in violation of the vicinage clause of the Sixth Amendment. The United States Supreme Court has yet to decide whether the vicinage clause applies to the states through the Fourteenth Amendment. Consequently, the California Court of Appeal's decision that petitioner was properly tried in Orange County is not contrary...

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