Legal Opinion
Joseph Buffalo v. Franklin Sunn, Director D.S.S.H.
Court of Appeals for the Ninth Circuit
Decided August 16, 1988No. 87-2032PublishedCited by 46 opinions
1Opinion of the Court
WALLACE, Circuit Judge:
Buffalo was convicted of first-degree robbery and first-degree assault in Hawaii state court. Following an unsuccessful direct appeal and state collateral attack, he filed a petition for a writ of habeas corpus with the United States District Court for the District of Hawaii. The district court conditionally granted the writ. We have jurisdiction pursuant to 28 U.S.C. § 2253. Because we conclude that the district court should have held an evidentiary hearing in order to resolve a factual dispute over whether Buffalo had demonstrated “cause” under Wainwright v. Sykes,…
2Cases cited32 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Murray v. CarrierSupreme Court of the United States · 1986
- Wainwright v. SykesSupreme Court of the United States · 1977
- Rose v. LundySupreme Court of the United States · 1982
- United States v. FradySupreme Court of the United States · 1982
27 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Todd Hiivala v. Tana WoodCourt of Appeals for the Ninth Circuit · 1999
- Russell A. Tinsley v. Bob BorgCourt of Appeals for the Ninth Circuit · 1990
- Richard Hurles v. Charles L. RyanCourt of Appeals for the Ninth Circuit · 2014
- Roy v. LampertCourt of Appeals for the Ninth Circuit · 2006
- Steven Johnson v. Brian FosterCourt of Appeals for the Seventh Circuit · 2015
41 more not listed; retrieve them via the Exa API.