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Carey v. Musladin

Docket No.: 05-785
Certiorari Granted: Apr 17 2006
Argued: October 11, 2006
Decided: December 11, 2006

Topics:

First Amendment, Sixth Amendment, Fourteenth Amendment, Death Penalty, habeas, habeas corpus, Miranda, murder

PartyNames: Thomas L. Carey, Warden v. Mathew Musladin
Petitioner: Thomas L. Carey, Warden
Respondent: Mathew Musladin

Court Below: United States Court of Appeals for the Ninth Circuit

Thomas L. Carey, Warden
v.
Mathew Musladin
549 U.S. 70 (2006)
Question Presented:

In the absence of controlling Supreme Court law, did the Court of Appeals for the Ninth Circuit exceed its authority under 28 U.S.C. ยง 2254(d)(1) by overtuming respondent's state conviction of murder on the ground that the courtroom spectators included three family members of the victim who wore buttons depicting the deceased?

Question:

Did the Ninth Circuit exceed its authority under 28 U.S.C. Section 2254(d)(1) when it overturned a murder conviction because the victim's family members appeared in the Courtroom wearing buttons with pictures of the victim?

Holding: judgment vacated and remanded
Vote: 9-0
Opinion By:
Read CAREY V. MUSLADIN opinion (PDF)

Read opinion

Other Resources for Carey v. Musladin:
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