×
You've used up your 3 free articles for this month. Subscribe today.
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.
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Cowboys and Prisoners, by Willie Wisely
- 'No More Prisons' Graffiti Gets Public's Attention, by Ronald Young
- Alabama Ends Chain Gang Experiment
- From the Editor, by Paul Wright
- Racist Knot of Florida Guards, by Willie Wisely
- Virginia Rent-a-Cell Program Expected to Net $100 Million
- Suits Claiming Racial Discrimination Plague Florida Prisons, by Gary Hunter
- Private Prison Woes in Ohio, by Gary Hunter
- 'Invisible' Prisoner Gets $36,200 for Wrongful Imprisonment
- Oklahoma Governor Takes Entrepreneur's Bribe
- BOP Guards Smuggle Sperm
- FPI Has Sovereign Immunity in Fraud Action
- Washington Supreme Court Upholds 35% Seizure Law, by Roger Smith
- New York Prisoners Prosecuted, by Gary Hunter
- No Workers' Compensation for Ohio Slave Laborers, by Gary Hunter
- Former BOP Prisoner Settles Medical Suit for $355,000, by Lonnie Burton
- CCA Gets Tangled in Financial Quagmire, by Ronald Young
- Feds Tally the Death Penalty
- Environmental Concerns Halt Construction of Pennsylvania Prison, by Ronald Young
- Denial of Religious Diet Violates First Amendment
- Legal Research: How to Find and Understand the Law, by Sam Rutherford
- Summary Judgment Denied on BOP Excessive Force Claims
- Virginia Excessive Force Claim Set for Trial
- Snitch Culture: How Citizens Are Turned into the Eyes and Ears of the State, by Hans Sherrer
- Failure to Protect Confidential Informant Not Deliberate Indifference
- Rhode Island Prison Strip Searches Struck Down
- $350,000 Verdict in Dirty Dancing Suit; Punitive Damages Vacated, by John E Dannenberg
- Six Month Denial of Exercise Presents Section 1983 Claim
- PLRA Does Not Apply to Habeas Corpus Actions
- No Interlocutory Appeal for Good Faith Defense
- Possibility of Life in Control Unit Doesn't Mitigate Death
- PAMII Act Requires Release of Mental Health Records
- Ninth Circuit Reverses Time-Barred Habeas Petition
- Maryland Court Ruling on Tobacco Smoke Prompts Settlement
- Ohio Death Row Prisoners Sue Over Last Words
- Dismissal of Prisoner's Suit for Missing Evidentiary Deadline Reversed
- News in Brief
More from these topics:
- On Remand, Eleventh Circuit Clarifies, Affirms Grant of Habeas Relief to Death Row Prisoner, Aug. 1, 2025. Habeas Corpus, Death Penalty, Death Row.
- Fifth Circuit Announces When Initial § 2255 Petition Not Decided on Merits and Appeals Court Later Recalls Mandate Dismissing Direct Appeal and Affirms Conviction, Subsequent § 2255 Petition Not ‘Second or Successive’ Under AEDPA, Aug. 1, 2025. Habeas Corpus, AEDPA.
- Fourth Circuit Announces Counterman v. Colorado Is New Rule of Constitutional Law That Applies Retroactively to Cases on Collateral Review and Grants Authorization to File Successive § 2255 Motion, July 1, 2025. Rehabilitation/Recidivism, Habeas Corpus, Threats.
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025. Habeas Corpus, Sixth Amendment, Ineffective Assistance of Counsel.
- Ninth Circuit Grants Stay and Abeyance of Federal Habeas Petition to Allow Petitioner to Exhaust State Remedies, April 15, 2025. Administrative Exhaustion (PLRA), Habeas Corpus, AEDPA, Amendments to Petition.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Texas Court of Criminal Appeals Grants Habeas Relief in ‘Shaken Baby Syndrome’ Case, Feb. 1, 2025. junk science, Habeas Corpus, Forensic Sciences, Child Abuse/Abusers, Evidence - Admissibility.
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025. Settlements, Habeas Corpus, Mail Regulations, Legal Mail.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Ninth Circuit Holds District Courts Have No Authority Under Rule 4 of Rules Governing § 2254 Cases to Dismiss Habeas Petition on the Merits, Dec. 15, 2024. Habeas Corpus, Dismissal, Authority and Jurisdiction.