Kyzar v. Ryan

780 F.3d 940 (2015)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Kyzar v. Ryan

United States Court of Appeals for the Ninth Circuit
780 F.3d 940 (2015)

Facts

Leroy Cropper and Dino Kyzar (defendant) were prisoners in state prison. In 1997, Cropper cursed at correctional officers who had confiscated contraband from Cropper. Later, Cropper told another prisoner, Eugene Long, what happened and asked Long to summon Kyzar to Cropper’s cell. Cropper told Kyzar that he wanted “the good one”—prison slang for a knife or shank, an improvised sharp weapon—and made a stabbing motion. Kyzar asked Cropper if Cropper was sure about his plan and asked how much time Cropper had left on his sentence. Cropper told Kyzar that his sentence did not matter because Cropper was a career criminal. Kyzar then recruited another prisoner, Joshua Brice, to show Kyzar and Long where they could find a shank. Another prisoner showed Kyzar where a knife was hidden. Long retrieved the knife and returned to his cell. Kyzar asked another prisoner to ask Long if the preparations had been handled, and the other prisoner was told that preparations had been made. Cropper used the knife given to him by Long to stab and kill a correctional officer. The prison was locked down after the killing, and Kyzar was detained outside with Brice. Kyzar and Brice witnessed Cropper and Long being escorted out of the building in restraints while guards yelled at Cropper and cried. Kyzar then told Brice, who knew the knife was given to Cropper, to keep Brice’s mouth shut. Kyzar was charged with conspiring with Cropper to commit a dangerous or deadly assault by a prisoner, and the jury found Kyzar guilty. Kyzar lost a state court appeal of his conviction and filed a petition for habeas corpus in federal court, arguing that the conviction was invalid under the Due Process Clause because insufficient evidence existed to support the conviction. The district court denied Kyzar’s petition. Kyzar appealed.

Rule of Law

Issue

Holding and Reasoning (Bucklo, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership