Legal Opinion

Deere v. Calderon

District Court, C.D. California

Decided July 28, 1995No. CV 92-1684-GLT [TD]PublishedCited by 15 opinions

1Opinion of the Court

AMENDED ORDER FINDING THAT CERTAIN OF PETITIONER’S CLAIMS ARE PROCEDURALLY BARRED

TAYLOR, District Judge.

The court finds that, since the California Supreme Court’s 1993 Clark decision, that court has applied the timeliness procedural bar with consistency in death penalty habeas corpus eases. Therefore, the federal court will now enforce the state court procedural bar.

I. BACKGROUND

Petitioner was convicted in 1982 of three murder counts, and was sentenced to death. The judgment of death was eventually affirmed by the California Supreme Court. He filed his first state habeas corpus petition in…

2Cases cited34 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. Schlup v. DeloSupreme Court of the United States · 1995
  3. Murray v. CarrierSupreme Court of the United States · 1986
  4. Rose v. LundySupreme Court of the United States · 1982
  5. Michigan v. LongSupreme Court of the United States · 1983

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3Cited by15 opinions

  1. Joseph Murl Bennett v. Glen Mueller, Warden Cal Terhune, Director Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2003
  2. Stevie Lamar FIELDS, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1997
  3. 96 Cal. Daily Op. Serv. 7278, 96 Daily Journal D.A.R. 11,963 Arthur Calderon, Warden v. The United States District Court for the Eastern District of California, Anthony Cornell Bean, Real-Party-In-InterestCourt of Appeals for the Ninth Circuit · 1996
  4. Joseph Murl Bennett v. Glen Mueller, Warden Cal Terhune, Director Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
  5. Alvarez v. StraubDistrict Court, E.D. Michigan · 1999

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