Legal Opinion
Willis White v. Samuel A. Lewis
Court of Appeals for the Ninth Circuit
Decided May 8, 1989No. 88-2455PublishedCited by 278 opinions
1Opinion of the Court
GOODWIN, Chief Circuit Judge:
White appeals the dismissal of his petition for a writ of habeas corpus on the ground that White had not raised his claims on appeal in state court and had failed to show cause for the default and resulting prejudice. We affirm.
White’s principal argument on appeal is that the state’s motion to dismiss his petition was an improper pleading under the rules governing actions brought under 28 U.S.C. § 2254. A motion to dismiss, however, is a valid pleading under the rules. In resisting the motion, White had the burden to establish cause and prejudice. Because he…
2Cases cited10 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Bruton v. United StatesSupreme Court of the United States · 1968
- Murray v. CarrierSupreme Court of the United States · 1986
- Edwards v. ArizonaSupreme Court of the United States · 1981
- Wainwright v. SykesSupreme Court of the United States · 1977
5 more not listed; retrieve them via the Exa API.
3Cited by278 opinions
- Russell L. O'Bremski v. Manfred Maass, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1990
- Fontenot v. CrowCourt of Appeals for the Tenth Circuit · 2021
- Cooper v. NevenCourt of Appeals for the Ninth Circuit · 2011
- State v. CassanoOhio Court of Appeals · 2012
- Michael Edward VANSICKEL, Petitioner-Appellant, v. Theo WHITE, Warden, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1999
273 more not listed; retrieve them via the Exa API.