Ivy Lynn Martin v. Susan E. Poole, Superintendent of the California Institution for Women at Corona, California

Good Law
89 F.3d 845·1996 WL 384865·1996 U.S. App. LEXIS 34899
United States Court of Appeals for the Ninth CircuitJuly 9, 199694-17228California1,562 words

Opinion

Opinion

89 F.3d 845 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Ivy Lynn MARTIN, Petitioner-Appellant, v. Susan E. POOLE, Superintendent of the California Institution for Women at Corona, California, Respondent-Appellee. No. 94-17228. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 17, 1995. Submission Withdrawn Oct. 5, 1995. Resubmitted June 1, 1996. Decided July 9, 1996. Before: FLETCHER, POOLE, and O'SCANNLAIN, Circuit Judges. 1 MEMORANDUM * 2 Appellant Ivy Lynn Martin was convicted by a California jury of aiding and abetting first degree murder by torture in connection with the murder of her three-year-old son. 1 After exhausting her state court remedies, she filed a petition for a writ of habeas corpus in federal district court, claiming that the trial court's failure to include intent in its jury instructions violated her due process rights. The district court denied Martin's petition. We reverse and remand. 3 * Martin contends that the trial…

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