Legal Opinion
Lee v. Lampert
Court of Appeals for the Ninth Circuit
Decided July 6, 2010No. 09-35276PublishedCited by 17 opinions
1Opinion of the Court
Concurrence by Judge N.R. SMITH.
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether to recognize a judge-made exception to the statute of limitations for federal habeas relief in the case of a state prisoner who makes a showing of actual innocence in his original petition.
I
An Oregon state court jury convicted Richard Lee of two counts of first-degree sexual abuse and two counts of sodomy of a four-year-old named Matthew. Lee appealed, but his counsel filed the Oregon equivalent of an Anders brief, and the Oregon Court of Appeals affirmed the conviction. Lee did not seek review in the…
2Cases cited41 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- Schlup v. DeloSupreme Court of the United States · 1995
- Murray v. CarrierSupreme Court of the United States · 1986
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Holland v. FloridaSupreme Court of the United States · 2010
36 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Lee v. LampertCourt of Appeals for the Ninth Circuit · 2011
- Rivas v. FischerCourt of Appeals for the Second Circuit · 2012
- Destinni Mardesich v. Matthew CateCourt of Appeals for the Ninth Circuit · 2012
- Henderson v. ThalerCourt of Appeals for the Fifth Circuit · 2010
- Souliotes v. EvansCourt of Appeals for the Ninth Circuit · 2010
12 more not listed; retrieve them via the Exa API.