×
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:
- Federal Habeas Quick Reference Guide for State Prisoners, Sept. 1, 2026. Retroactivity, Habeas Corpus, AEDPA, Actual Innocence/Claim of Innocence, Cause and Prejudice.
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Formally Available, Rarely Granted: A State Prisoner’s Guide to Federal Habeas Relief, Sept. 1, 2026. Administrative Exhaustion, Habeas Corpus, Bureau of Prisons Orders, Administrative Law/Remedies, Evidence - Integrity/Reliability of, Tolling of Statutes of Limitations and Laches, Federal Rules of Evidence, Statute of Limitations.
- Eleventh Circuit Holds § 2255 Motion Not “Second or Successive” After Intervening Amended Judgment Corrected Unlawful Sentences, Even as to Claims Concerning an Undisturbed Count, Aug. 1, 2026. Habeas Corpus, AEDPA, Effect of Vacatur.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Eighth Circuit Dismisses Federal Prisoner’s Challenge to BOP Denying His Request for Expedited Transfer to Prerelease Custody, June 1, 2026. Release and Reentry, Habeas Corpus, First Step Act, Community Confinement/Home Detention, Credits.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- SCOTUS Sides with Federal Prisoner in Habeas Review Case, March 1, 2026. Habeas Corpus, AEDPA, Mandatory Minimum Sentence, Statutory Construction/Interpretation, Predicate Acts/Offenses.
- SCOTUS Announces Federal Prisoners May Seek Certiorari Review of Authorization Denials Under § 2255(h) and Are Not Subject to § 2244(b)(1)’s Bar on Previously Presented Claims, Feb. 1, 2026. Habeas Corpus, AEDPA, Appealable Issues/Orders, Statutory Construction/Interpretation, Authority and Jurisdiction.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.