Hemmerle v. Schriro
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
Once again, we are asked to decide whether a federal petition for writ of habe-as corpus was properly dismissed as time-barred because filed outside the Antiter-rorism and Effective Death Penalty Act’s one-year statute of limitations.
I
A
Robert Hemmerle was convicted after a jury trial of second-degree murder and endangerment after running a red light and killing another motorist while operating his vehicle under the influence of alcohol. He was sentenced to serve concurrent terms of 16 years on the second-degree murder conviction and 27 months on the endangerment…
2Cases cited20 opinions
- Picard v. ConnorSupreme Court of the United States · 1971
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- Clay v. United StatesSupreme Court of the United States · 2003
- Carey v. SaffoldSupreme Court of the United States · 2002
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