Legal Opinion

Smith v. Baldwin

Court of Appeals for the Ninth Circuit

Decided December 26, 2007No. 04-35253PublishedCited by 171 opinions

1Opinion of the Court

MILAN D. SMITH, JR., Circuit Judge, delivered the opinion of the court, in which KOZINSKI, Chief Judge, and KLEINFELD, McKEOWN, WARDLAW, TALLMAN, CLIFTON, BYBEE and IKUTA, Circuit Judges, join.

RAYMOND C. FISHER, Circuit Judge, filed a concurring opinion, in which SCHROEDER, W. FLETCHER, and PAEZ, Circuit Judges, join.

STEPHEN REINHARDT, Circuit Judge, filed a dissent, in which THOMAS, Circuit Judge, joins.

SIDNEY R. THOMAS, Circuit Judge, filed a separate dissent.

MILAN D. SMITH, JR., Circuit Judge:

We took this case en banc to correct a misconstruction of the Schlup v. Delo, 513 U.S. 298, 115…

2Cases cited31 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. United States v. BagleySupreme Court of the United States · 1985
  5. O'Sullivan v. BoerckelSupreme Court of the United States · 1999

26 more not listed; retrieve them via the Exa API.

3Cited by171 opinions

  1. George Alvarez v. City of BrownsvilleCourt of Appeals for the Fifth Circuit · 2018
  2. Hamilton v. AyersCourt of Appeals for the Ninth Circuit · 2009
  3. Dearcey Stewart v. Matthew CateCourt of Appeals for the Ninth Circuit · 2014
  4. Stokley v. RyanCourt of Appeals for the Ninth Circuit · 2011
  5. Johnson v. KnowlesCourt of Appeals for the Ninth Circuit · 2008

166 more not listed; retrieve them via the Exa API.

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