Schriro v. Summerlin

Citation540 U.S. 1045
Decision Date01 December 2003
Docket NumberNo. 03-526.,03-526.
PartiesSCHRIRO, DIRECTOR, ARIZONA DEPARTMENT OF CORRECTIONS v. SUMMERLIN.
CourtUnited States Supreme Court

Appeal from the C. A. 9th Cir.

Certiorari granted limited to Questions 1 and 2 presented by the petition. Reported below: 341 F. 3d 1082.

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8 cases
  • U.S. v. Recio
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 15, 2004
    ......350 (1946)). Sullivan's logic in this regard "applies with even greater force" where "there was no jury finding at all. " Summerlin v. Stewart, 341 F.3d 1082, 1117 (9th Cir.) (en banc) (emphasis in original), cert. granted in part, 540 U.S. 1045, 124 S.Ct. 833, 157 L.Ed.2d 692 ......
  • Windom v. State
    • United States
    • United States State Supreme Court of Florida
    • May 6, 2004
    ...States Supreme Court. See Summerlin v. Stewart, 341 F.3d 1082 (9th Cir.), cert. granted in part sub nom. Schriro v. Summerlin, 540 U.S. 1045, 124 S.Ct. 833, 157 L.Ed.2d 692 (2003). While Summerlin is pending, defendants will continue to raise the issue at the state level to preserve it for ......
  • Leavitt v. Arave
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • June 14, 2004
    ...imposed by a judge. See Summerlin v. Stewart, 341 F.3d 1082, 1121 (9th Cir.2003) (en banc), cert. granted, Schriro v. Summerlin, 540 U.S. 1045, 124 S.Ct. 833, 157 L.Ed.2d 692 (2003). Thus, we will vacate Leavitt's sentence and will remand to the district court for issuance of a conditional ......
  • Summerlin v. Schriro
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • October 17, 2005
    ...be vacated. Summerlin I, 341 F.3d at 1121. The Supreme Court granted a writ of certiorari in part, Schriro v. Summerlin, 540 U.S. 1045, 124 S.Ct. 833, 157 L.Ed.2d 692 (2003), and reversed Summerlin I, holding that Ring did not apply retroactively to cases already final on direct review. Sch......
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