Legal Opinion
Jackie Ervin Rasberry v. Rosie B. Garcia, Warden
Court of Appeals for the Ninth Circuit
Decided May 25, 2006No. 03-15854PublishedCited by 536 opinions
1Opinion of the Court
TROTT, Circuit Judge.
Petitioner, Jackie Ervin Rasberry, appeals the dismissal as untimely of his 28 U.S.C. § 2254 habeas corpus petition. Rasberry contends that he is entitled to equitable tolling because the district court dismissed Rasberry’s wholly unexhausted habeas petition when it should have been apparent to the court that Rasberry had accidently omitted from the petition two claims that he had exhausted in state court. Rasberry argues that the district court should have notified him of the two omitted claims, granted him the opportunity to amend his habeas petition to add the claims,…
2Cases cited14 opinions
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Rhines v. WeberSupreme Court of the United States · 2005
- Mayle v. FelixSupreme Court of the United States · 2005
- Pliler v. FordSupreme Court of the United States · 2004
- Marsh v. SoaresCourt of Appeals for the Tenth Circuit · 2000
9 more not listed; retrieve them via the Exa API.
3Cited by536 opinions
- King v. RyanCourt of Appeals for the Ninth Circuit · 2009
- Armando Mena v. David LongCourt of Appeals for the Ninth Circuit · 2016
- Roberts v. MarshallCourt of Appeals for the Ninth Circuit · 2010
- Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
- Porter v. OllisonCourt of Appeals for the Ninth Circuit · 2010
531 more not listed; retrieve them via the Exa API.