Legal Opinion

Ashmus v. Calderon

District Court, N.D. California

Decided August 25, 1997No. C 93-0594 TEHPublishedCited by 7 opinions

1Opinion of the Court

ORDER

THELTON E. HENDERSON, Chief Judge.

INTRODUCTION

Troy Ashmus was proceeding apace along the well-trod path from a state court conviction to federal habeas review when substantial changes in the law obscured the route and left its travelers in a realm of uncertainty. Unable to follow the customary course, Ashmus and his fellow habeas petitioners have frequently had to turn to the Courts for guidance. Troy Ashmus’ most recent request raises the question of the continuing propriety of holding a federal habeas petition in abeyance. Awaiting word from the Supreme Court and the Ninth Circuit,…

2Cases cited39 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Rose v. LundySupreme Court of the United States · 1982
  3. Picard v. ConnorSupreme Court of the United States · 1971
  4. McCleskey v. ZantSupreme Court of the United States · 1991
  5. Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973

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3Cited by7 opinions

  1. Sperling v. WhiteDistrict Court, C.D. California · 1998
  2. Parker v. JohnsonDistrict Court, N.D. Georgia · 1998
  3. Healy v. DiPaoloDistrict Court, D. Massachusetts · 1997
  4. Hood v. GalazaDistrict Court, S.D. California · 1999
  5. Mark v. MuellerCourt of Appeals for the Ninth Circuit · 2002

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