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Ninth Circuit Reverses Time-Barred Habeas Petition
Loaded on Sept. 15, 2001
published in Prison Legal News
September, 2001, page 27
The Ninth Circuit Court of Appeals, sitting en banc , reversed a district court's dismissal of a federal habeas petition as time barred, and remanded the case to the district court to develop the record regarding whether the prisoner was entitled to a finding of an "impediment" under 28 U.S.C. ...
Filed under:
Law Library Access/Adequacy,
Civil Procedure,
Limitations,
Habeas Corpus.
Location:
California.
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More from these topics:
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- Virginia Prisoner Wins Habeas Release on Ineffective Assistance of Counsel Claim, Oct. 15, 2023. Release and Reentry, Habeas Corpus, Ineffective Assistance of Counsel.
- Fourth Circuit Reverses Dismissal of Habeas Petition Where District Court Failed to Review Magistrate’s Report De Novo After Characterizing Petitioner’s Objections as ‘Attempt to Reargue Case’, Oct. 1, 2023. Magistrates, Habeas Corpus, De Novo Resentencing.
- Unyielding Pursuit of Justice or Unfulfilled Promises: Doubts Surround California Habeas Attorney, Sept. 15, 2023. Habeas Corpus, Seizure of Prisoner Funds, Per se ineffectiveness.
- SCOTUS Overrules Arizona Supreme Court, Allows Death Row Prisoner to Proceed With State Habeas Action, Aug. 15, 2023. Habeas Corpus, Death Penalty/Death Row.
- Seventh Circuit: Postconviction Relief Petition Still Pending in Illinois Court 20 Years After Filing Entitles Petitioner to Seek Federal Habeas Relief Without First Exhausting State Remedies, Aug. 1, 2023. Habeas Corpus, Exhaustion of Remedies, Grounds for Relief.