SHOWS
v.
CARROLL

U.S. | 1986-10-06
No. 86-5264
479 U.S. 867 Supreme Court of the United States (1986) Positive Treatment
Cited by 6 cases

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  • Creech v. A.J. Arave, 947 F.2d 873 (9th Cir. 1991)
    …sume that the state court found the facts necessary to support the state court’s decision, unless there is some indication that the state court applied an incorrect legal standard.” Knaubert v. Goldsmith, 791 F. 2d 722, 727 (9th Cir.), cert. denied, 479 U.S. 867, 107 S.Ct. 228, 93 L.Ed.2d 155 (1986). [*888] In the instant case, it appears from the state trial court’s February, 1984 denial of Creech’s motion to withdraw his plea that Judge Newhouse implicitly rejected the factual circumstances that Creech al…
  • Tinsley v. Borg, 895 F.2d 520 (9th Cir. 1990)
    …. at 1038 n. 14,104 S.Ct. at 2892 n. 14. Thus, “the trial court’s resolution of such questions is entitled ... to ‘special deference.’ ” Id. at 1038, 104 S.Ct. at 2892; Knaubert v. Goldsmith, 791 F. 2d 722, 727 (9th Cir.) (Knaubert), cert. denied, 479 U.S. 867, 107 S.Ct. 228, 93 L.Ed.2d 155 (1986) (“[N]o sort of factual finding ... is more appropriate for deferential treatment than is a state court’s credibility determination.”). The findings of state trial and appellate courts on juror impartiality deser…
  • Terrovona v. Kincheloe, 852 F.2d 424 (9th Cir. 1988)
    …at evidence obtained in an unconstitutional search or seizure was introduced at his trial.” Stone v. Powell, 428 U.S. 465, 494, 96 S.Ct. 3037, 3052, 49 L.Ed.2d 1067 (1976); see also Knaubert v. Goldsmith, 791 F. 2d 722, 725 (9th Cir.), cert. denied, 479 U.S. 867, 107 S.Ct. 228, 93 L.Ed.2d 155 (1986). Here, we find that Terrovona had an opportunity fully and fairly to litigate his fourth amendment claims in state court. Both the state trial court and the Supreme Court of Washington considered his fourth amen…

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