Legal Opinion
Arthur Nathaniel Aiken v. James Spalding, Superintendent, Washington State Penitentiary, and Ken Eikenberry, Attorney General, State of Washington
Court of Appeals for the Ninth Circuit
Decided August 17, 1982No. 81-3592PublishedCited by 16 opinions
1Opinion of the Court
GOODWIN, Circuit Judge.
Aiken appeals the dismissal of his habeas corpus petition pursuant to Rule 9(a) of the Rules Governing Section 2254 Cases, 28 U.S.C. foil. § 2254 (1976). Aiken was re-sentenced in 1973; his habeas petition, however, was not filed until 1979, due to an undenied lack of diligence by earlier counsel. The petition presents claims challenging the voluntariness of Aiken’s confession as well as the effects of pretrial publicity.
Rule 9(a) provides:
“A petition may be dismissed if it appears that the state of which the respondent is an officer has been prejudiced in its ability…
2Cases cited7 opinions
- Heflin v. United StatesSupreme Court of the United States · 1959
- Chandler v. RoudebushSupreme Court of the United States · 1976
- Robert Hawkins v. John E. Bennett, Warden, Iowa State PenitentiaryCourt of Appeals for the Eighth Circuit · 1970
- Orville Leland Davis v. Adult Parole AuthorityCourt of Appeals for the Sixth Circuit · 1979
- Enrique C. Lerma v. W. J. Estelle, Jr., Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1978
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Arthur Nathaniel Aiken v. James Spalding, Superintendent, Washington State Penitentiary, and Slade Gorton, Attorney General, State of WashingtonCourt of Appeals for the Ninth Circuit · 1988
- United States v. Approximately $1.67 Million (US) in Cash, Stock, & Other Valuable Assets Held by or At: 1) Total Aviation Ldt.Court of Appeals for the Ninth Circuit · 2008
- Laville Hannon v. Herb Maschner and Attorney General of the State of Kansas, RespondentsCourt of Appeals for the Tenth Circuit · 1988
- Richard Ellman Strahan v. Frank Blackburn, Warden, Louisiana State Penitentiary William J. Guste, Jr., Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1985
- Karl Eric Gratzer v. Mike Mahoney, WardenCourt of Appeals for the Ninth Circuit · 2005
11 more not listed; retrieve them via the Exa API.