SMITH v. LOPEZ

No. 12-55860.

731 F.3d 859 (2013)

Marvin Vernis SMITH, Petitioner-Appellee, v. Raul LOPEZ, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 23, 2013.


Attorney(s) appearing for the Case

Kamala Harris , Attorney General, Julie L. Garland , Senior Assistant Attorney General, Kevin Vienna , Supervising Deputy Attorney General, Robin Urbanski (argued), Deputy Attorney General, San Diego, CA, for Respondent-Appellant.

Dennis P. Riordan (argued), Donald M. Horgan , and Gary K. Dubcoff , Riordan & Horgan, San Francisco, CA, for Petitioner-Appellee.

Before: SIDNEY R. THOMAS and ANDREW D. HURWITZ, Circuit Judges, and RALPH R. BEISTLINE, Chief District Judge.


OPINION

THOMAS, Circuit Judge:

In this appeal, we consider whether a habeas petitioner's constitutional right to notice of the nature of the accusations against him was violated. We agree with the district court that it was, and we affirm the judgment granting federal habeas relief.

I

A

On the evening of December 15, 2005, police officers went to the home of Marvin and Minnie Smith in response to Marvin Smith's 911 call reporting...

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