Legal Opinion
Wentzell v. Neven
Court of Appeals for the Ninth Circuit
Decided April 2, 2012No. 10-16605PublishedCited by 120 opinions
1Opinion of the Court
OPINION
TASHIMA, Circuit Judge:
Nevada state prisoner Christopher Wentzell appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court dismissed Wentzell’s pro se petition as untimely under the one-year statute of limitations set forth in the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), 28 U.S.C. § 2244(d)(1), and, alternatively, as a “second or successive” petition, 28 U.S.C. § 2244(b). We conclude that the district court erred in sua sponte dismissing the petition as untimely without providing Wentzell with prior notice and an…
2Cases cited12 opinions
- Day v. McDonoughSupreme Court of the United States · 2006
- Magwood v. PattersonSupreme Court of the United States · 2010
- Danny BOYD, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent of the Oregon State Penitentiary, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1998
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Michael T. Herbst v. Dave Cook, Director Oregon Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2001
7 more not listed; retrieve them via the Exa API.
3Cited by120 opinions
- Michael Stansell v.Court of Appeals for the Sixth Circuit · 2016
- Gregory L. Brown v. W. MunizCourt of Appeals for the Ninth Circuit · 2018
- Mitchell A. Insignares v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2014
- DeLawrence King v. Donald MorganCourt of Appeals for the Sixth Circuit · 2015
- Uriel Gonzalez v. Stuart ShermanCourt of Appeals for the Ninth Circuit · 2017
115 more not listed; retrieve them via the Exa API.