Legal Opinion

Ramon L. Smith v. State of Idaho

Court of Appeals for the Ninth Circuit

Decided September 7, 2004No. 02-36043PublishedCited by 6 opinions

1Opinion of the Court

BETTY B. FLETCHER, Circuit Judge:

Ramon Smith (“Smith”) appeals the district court’s dismissal of his petition for a writ of habeas corpus. The district court held that Smith’s claims were procedurally barred because Smith had failed to comply with state procedural rules during his state post-conviction proceedings. The district court also held that Smith had made no showing of cause and prejudice to excuse his procedural default. Smith filed a timely appeal. We conclude that the district court lacked personal jurisdiction over the petition, but that the State of Idaho has waived any…

2Cases cited23 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Rumsfeld v. PadillaSupreme Court of the United States · 2004
  3. Insurance Corp. of Ireland v. Compagnie Des Bauxites De GuineeSupreme Court of the United States · 1982
  4. Ross v. MoffittSupreme Court of the United States · 1974
  5. Ashley Hunt Greenwood v. Federal Aviation AdministrationCourt of Appeals for the Ninth Circuit · 1994

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3Cited by6 opinions

  1. Bennett v. MuellerDistrict Court, C.D. California · 2005
  2. Brothers v. McDanielCourt of Appeals for the Ninth Circuit · 2006
  3. Farrar v. ThompsonCourt of Appeals for the Ninth Circuit · 2004
  4. Lambertus v. State of IdahoDistrict Court, D. Idaho · 2019
  5. Wheeler v. RamirezDistrict Court, D. Idaho · 2019

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