Jeffries v. Wood
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The 2 confirmed treatments are listed below: the en banc Ninth Circuit rejected its suggested exception to binding circuit precedent, and an Ohio district court declined its approach to an AEDPA standard.
62 later cases cite Jeffries v. Wood; 62 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Jeffries v. Wood?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Overruled in part
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The en banc Ninth Circuit overruled Jeffries to the extent it suggested that a panel could use exceptions to the law-of-the-case doctrine to disregard binding published circuit precedent.
Gonzalez v. Arizona · Ninth Circuit (en banc) · filed
We now hold that the exceptions to the law of the case doctrine are not exceptions to our general "law of the circuit” rule, i.e., the rule that a published decision of this court constitutes binding authority which "must be followed unless and until overruled by a body competent to do so,” Hart v. Massanari, 266 F.3d 1155, 1170 (9th Cir.2001). To the extent that our prior cases suggested otherwise, see Jeffries, 114 F.3d at 1492-93; Mendenhall, 213 F.3d at 469 n. 3; Tahoe-Sierra Pres. Council, Inc., 216 F.3d at 786-88, they are overruled.
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Declined to follow
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The Ohio district court rejected Jeffries's approach to deciding whether a state court unreasonably applied established federal law under AEDPA.
Franklin v. Francis · S.D. Ohio · filed
This Court is cognizant that there are two different approaches being developed and debated as to what constitutes an “unreasonable'' application of clearly established Federal law, and that the Sixth Circuit has not yet addressed this question. However, this Court is persuaded by the reasoning and decision of its sister court in Nevers v. Killinger, 990 F.Supp. 844 (E.D.Mich. 1997), which declined to follow the unworkable and unreasonable approach of the Fifth' and Ninth Circuits, as set forth in Drinkard v. Johnson, 97 F.3d 751, 768-69 (5th Cir.1996), and Jeffries v. Wood, 114 F.3d 1484, 1500 (9th Cir. 1997). Instead, the Nevers court was guided by the Seventh’s Circuit approach in Hennon v. Cooper, 109 F.3d 330, 335 (7th Cir.1997), which held that a reasonable determination is one which is "consistent with the facts and circumstances of the case.”
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