# Calvin Jackson v. Robert Legrand

> Court of Appeals for the Ninth Circuit · August 6, 2012 · 688 F.3d 1091

URL: https://www.frixlaw.com/law-library/cases/9501061

## Case

- **Full name:** Calvin O’Neil JACKSON, Petitioner-Appellant, v. State of NEVADA; Brian Sandoval; Robert Legrand, Warden, Respondents-Appellees
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** August 6, 2012
- **Citations:** 688 F.3d 1091; 2012 U.S. App. LEXIS 16292; 2012 WL 3156377
- **Precedential status:** Published
- **Opinion:** Dissent by Goodwin
- **Judges:** Goodwin, Reinhardt, Murguia
- **Cited by:** 12 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9501061

## How later opinions describe it (automated extraction)

- holding that a trial court’s restriction on a habeas petitioner’s cross-examination of police officers regarding the victim’s prior unsubstantiated claims of assault was both contrary to and an unreasonable application of Lucas
- discussing Fowler v. Sacramento Cty. Sheriff's Dept., 421 F.3d 1027, 1035-1038 (C.A.9 2005) and Holley v. Yarborough, 568 F.3d 1091, 1098-1101 (C.A.9 2009)

## Opinion text

GOODWIN, Circuit Judge,
dissenting:
I respectfully dissent. The appellant did not present in his appeal to this court a competency-of-counsel question, and I believe that his failure timely to request a Miller hearing to support his effort to impeach the complaining witness was a default by the defense. Rejection of the proffered evidence, therefore, was not a constitutional error by the state trial court. The United States District Court for the District of Nevada complied with the requirements of AEDPA. I would affirm the judgment.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9501061. Public record. Not legal advice.