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Visciotti v. Brown

United States Court of Appeals, Ninth Circuit
May 9, 2005
406 F.3d 1131 (9th Cir. 2005)

Opinion

Nos. 99-99031, 99-99032.

May 9, 2005.

Maria E. Stratton, Esq., William Forman, Statia Peakheart, Esq., Federal Public Defender's Office, Los Angeles, CA, for Petitioner-Appellee-Cross-Appellant.

Meagan J. Beale, Esq., John T. Swan, DAG, Office of the California Attorney General, San Diego, CA, for Respondent-Appellant-Cross-Appellee.

On Remand from the United States Supreme Court.

Before: PREGERSON, TASHIMA, and BERZON, Circuit Judges.



ORDER

Given the facts, the circumstances, and the record in this case, we deny Petitioner's Motion for Oral Argument on Post Remand Briefing and remand this case to the district court for further proceedings consistent with the decision of the United States Supreme Court in Woodford v. Visciotti, 537 U.S. 19, 123 S.Ct. 357, 154 L.Ed.2d 279 (2002). We express no opinion on any of the arguments offered by the parties in their post-remand briefing, as the proper course would be for the district court to review and rule on the arguments in the first instance.

IT IS SO ORDERED.


Summaries of

Visciotti v. Brown

United States Court of Appeals, Ninth Circuit
May 9, 2005
406 F.3d 1131 (9th Cir. 2005)
Case details for

Visciotti v. Brown

Case Details

Full title:John Louis VISCIOTTI, Petitioner-Appellee-Cross-Appellant, v. Jill BROWN…

Court:United States Court of Appeals, Ninth Circuit

Date published: May 9, 2005

Citations

406 F.3d 1131 (9th Cir. 2005)

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