Legal Opinion
Kevin Phelps v. Edward Alameda, Warden, Duel Vocational Institution, Tracy, California People of the State of California Ex Rel. Bill Lockyer
Court of Appeals for the Ninth Circuit
Decided April 20, 2004No. 02-15821PublishedCited by 46 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We must decide whether we should vacate, as improvidently granted, a Certificate of Appealability issued by a motions panel pursuant to the Antiterrorism and Effective Death Penalty Act.
I
Kevin Phelps was convicted of first degree murder in a California state court in 1995 and has exhausted all relevant state remedies. On May 15, 1998, he filed a habeas corpus petition in the Northern District of California one year and fifteen days after the California Supreme Court declined to review a previous denial of state habeas corpus relief. The district court denied the…
2Cases cited41 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Michigan v. LongSupreme Court of the United States · 1983
- Powell v. McCormackSupreme Court of the United States · 1969
- Harris v. ReedSupreme Court of the United States · 1989
- Christopher v. HarburySupreme Court of the United States · 2002
36 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Gonzalez v. ThalerSupreme Court of the United States · 2012
- Harrison v. OllisonCourt of Appeals for the Ninth Circuit · 2008
- Kevin Spencer v. United StatesCourt of Appeals for the Eleventh Circuit · 2014
- Christopher Moody v. United StatesCourt of Appeals for the Sixth Circuit · 2020
- Phelps v. AlameidaCourt of Appeals for the Ninth Circuit · 2009
41 more not listed; retrieve them via the Exa API.