Legal Opinion
Larry Howard v. Samuel A. Lewis, Director of Arizona State Prison Robert Corbin, Arizona Attorney General
Court of Appeals for the Ninth Circuit
Decided June 18, 1990No. 89-15123PublishedCited by 50 opinions
1Opinion of the Court
PREGERSON, Circuit Judge:
In this case, we must decide whether the district court properly dismissed appellant Howard’s successive habeas petition on the ground that a prior judgment denying relief on the identical claims was final. Howard argues that the dismissal of his prior habeas petition on the ground of state procedural default was not a determination “on the merits,” and, thus, his present petition should not be barred.
We hold that, in general, a dismissal of a federal habeas petition on the ground of state procedural default is a determination “on the merits” for purposes of the…
2Cases cited21 opinions
- Wainwright v. SykesSupreme Court of the United States · 1977
- Sanders v. United StatesSupreme Court of the United States · 1963
- United States v. Winston Bryant McConneyCourt of Appeals for the Ninth Circuit · 1984
- Kuhlmann v. WilsonSupreme Court of the United States · 1986
- Francis v. HendersonSupreme Court of the United States · 1976
16 more not listed; retrieve them via the Exa API.
3Cited by50 opinions
- McNabb v. YatesCourt of Appeals for the Ninth Circuit · 2009
- Pratt v. United StatesCourt of Appeals for the First Circuit · 1997
- Marcus Graham v. Joseph M. Costello, Esq., SuperintendentCourt of Appeals for the Second Circuit · 2002
- James Harvey v. Robert F. Horan, Jr., Commonwealth's Attorney, County of Fairfax, Jennifer Thompson Karen R. Pomer Jeri Elster, Amici CuriaeCourt of Appeals for the Fourth Circuit · 2002
- John K. Henderson v. Robert O. LampertCourt of Appeals for the Ninth Circuit · 2005
45 more not listed; retrieve them via the Exa API.