Sims v. Hickman

Ninth Circuit

Sims v. Hickman

33 F. App'x 357

CourtCourt of Appeals for the Ninth Circuit

DecidedApril 18, 2002

DocketNo. 01-16709; D.C. No. CV-00-01457-GEB

StatusPublished

Cited by1 cases

This text of 33 F. App'x 357 (Sims v. Hickman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sims v. Hickman, 33 F. App'x 357 (9th Cir. 2002).

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Opinion

MEMORANDUM

***

Defendant appeals the District Court’s denial of his petition for a Writ of Habeas Corpus. Defendant asserts that the evidence at trial showed that the kidnap was incidental to the murder and he is therefore not liable for murder with special circumstances.¹ The California Court of [358]*358Appeals’ decision was a reasonable application of federal constitutional law. Tran v. Lindsey, 212 F.3d 1143, 1153-54 (9th Cir.2000). There was sufficient evidence to support the jury’s conclusion that there was an independent felonious purpose during the Defendant’s kidnaping/ murder. Lewis v. Jeffers, 497 U.S. 764, 781-82, 110 S.Ct. 3092, 111 L.Ed.2d 606 (1990).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

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MEMORANDUM

***

Defendant appeals the District Court’s denial of his petition for a Writ of Habeas Corpus. Defendant asserts that the evidence at trial showed that the kidnap was incidental to the murder and he is therefore not liable for murder with special circumstances.¹ The California Court of [358]*358Appeals’ decision was a reasonable application of federal constitutional law. Tran v. Lindsey, 212 F.3d 1143, 1153-54 (9th Cir.2000). There was sufficient evidence to support the jury’s conclusion that there was an independent felonious purpose during the Defendant’s kidnaping/ murder. Lewis v. Jeffers, 497 U.S. 764, 781-82, 110 S.Ct. 3092, 111 L.Ed.2d 606 (1990).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

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33 F. App'x 357, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sims-v-hickman-ca9-2002.

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