Legal Opinion
Michael Wayne Jenkins v. Dan Johnson, Superintendent
Court of Appeals for the Ninth Circuit
Decided May 20, 2003No. 99-36194PublishedCited by 62 opinions
1Opinion of the Court
Opinion by Judge BETTY B. FLETCHER. Dissent by Judge O’SCANNLAIN.
OPINION
BETTY B. FLETCHER, Circuit Judge.
This case poses the question of when a federal habeas petitioner’s state-court petition for post-conviction relief counts as “properly filed” and as “pending” for the purposes of tolling the Anti terrorism and Effective Death Penalty Act’s (“AED-*1148PA’s”) one-year limitations period. Petitioner Michael W. Jenkins (“Jenkins”) filed a post-conviction petition in Oregon state court, which the state court dismissed in September 1996. Due to a clerical error in the state court, Jenkins’ attorney…
2Cases cited23 opinions
- Williams v. TaylorSupreme Court of the United States · 2000
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Houston v. LackSupreme Court of the United States · 1988
- Artuz v. BennettSupreme Court of the United States · 2000
- Carey v. SaffoldSupreme Court of the United States · 2002
18 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Michael Lacava v. Kenneth D. Kyler the District Attorney for Philadelphia County the Attorney General of the State of PennsylvaniaCourt of Appeals for the Third Circuit · 2005
- Brian Keith Laws v. A.A. Lamarque, WardenCourt of Appeals for the Ninth Circuit · 2003
- Porter v. OllisonCourt of Appeals for the Ninth Circuit · 2010
- Diaz v. KellyCourt of Appeals for the Second Circuit · 2008
- Earl v. FabianCourt of Appeals for the Eighth Circuit · 2009
57 more not listed; retrieve them via the Exa API.