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Reversal of Denial of Habeas Petition in First-Degree Murder Matter, and Civil Rights, Criminal and Immigration Matters

By FindLaw Staff on August 26, 2010 | Last updated on March 21, 2019

In Singh v. Napolitano, No. 07-16988, the court affirmed the denial of petitioner's habeas petition, holding that the Attorney General's decision in Compean II, which affirmed the Ninth Circuit's language in Lata and Dearinger, did not create "new duties" for petitioner with respect to his habeas petition.

In US v. Havelock, No. 08-10472, the court reversed defendant's convictions on six counts of mailing threatening communications, holding that 18 U.S.C. section 876(c) required that the mailed item containing the threat be addressed to an individual person, as reflected in the address on the mailed item.

Spencer v. World Vision, Inc., No. 08-35532, concerned an action alleging discrimination in violation of Title VII of the Civil Rights Act by employees of a religious organization.  The court affirmed summary judgment for defendant although a majority of the court did not agree on the rationale for affirmance.

In Hurd v. Terhune, No. 08-55162, a first-degree murder prosecution, the court reversed the denial of petitioner's habeas petition, on the ground that the state trial court improperly admitted as evidence petitioner's refusal to reenact the alleged shooting in violation of his Fifth Amendment rights as determined by the Supreme Court in Miranda v. Arizona, 384 U.S. 436 (1966), and Doyle v. Ohio, 426 U.S. 610 (1976).

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