Legal Opinion
Banjo v. Ayers
Court of Appeals for the Ninth Circuit
Decided June 17, 2010No. 08-56512PublishedCited by 109 opinions
1Opinion of the Court
OPINION
TALLMAN, Circuit Judge:
Petitioner-Appellant Del Banjo, a California prisoner, appeals an order dismissing his federal habeas corpus petition as untimely pursuant to 28 U.S.C. § 2244(d). The district court determined that Banjo’s state court petition for habeas corpus was no longer “pending” during the five-month period between the dismissal of his original petition in the Los Angeles County Superior Court and the filing of a sueces sive petition in the same court, resulting in the expiration of his time to bring a federal habeas petition. Banjo argues that, pursuant to California law,…
2Cases cited18 opinions
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Artuz v. BennettSupreme Court of the United States · 2000
- Carey v. SaffoldSupreme Court of the United States · 2002
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- In Re ClarkCalifornia Supreme Court · 1993
13 more not listed; retrieve them via the Exa API.
3Cited by109 opinions
- Martin Valdez, Jr. v. W. MontgomeryCourt of Appeals for the Ninth Circuit · 2019
- Roberts v. MarshallCourt of Appeals for the Ninth Circuit · 2010
- Joseph Stancle v. Ivan ClayCourt of Appeals for the Ninth Circuit · 2012
- Keith Mitchell v. Anthony HedgpethCourt of Appeals for the Ninth Circuit · 2015
- Velasquez v. KirklandCourt of Appeals for the Ninth Circuit · 2011
104 more not listed; retrieve them via the Exa API.