[DOWNLOAD] "Santamaria v. Horsley" by Ninth Circuit U.S. Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Santamaria v. Horsley
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 11, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
In his petition for rehearing, Santamaria agrees that we lack jurisdiction over pre-trial habeas claims of evidence preclusion.
See PFR at 7. He argues, however, that we have jurisdiction over his appeal because retrial is barred altogether by collateral
estoppel. Santamaria claims that this has been his position all along, presumably relying on the argu- ment in his briefs
that knife use is an "ultimate fact." If Santamaria were right that knife use is an ultimate fact, retrial would be barred,
but he is mistaken.
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