Legal Opinion

Felton Lee Guillory v. Ernest C. Roe, Warden

Court of Appeals for the Ninth Circuit

Decided June 20, 2003No. 01-56343PublishedCited by 54 opinions

1Opinion of the Court

OPINION

CYNTHIA HOLCOMB HALL, Circuit Judge.

California state prisoner Felton Lee Guillory appeals the district court’s dismissal of his petition for a writ of habeas corpus. The district court held that the statute of limitations mandated by the An-titerrorism and Effective Death Penalty Act (“AEDPA”) rendered Guillory’s petition untimely. The sole issue on appeal is whether Guillory is entitled to equitable tolling by virtue of the district court’s erroneous dismissal of a prior habeas petition containing unexhausted claims without giving him the option to amend. Because equitable tolling is…

2Cases cited9 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Rose v. LundySupreme Court of the United States · 1982
  3. Carey v. SaffoldSupreme Court of the United States · 2002
  4. Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  5. Andreas Kelly v. Larry Small, WardenCourt of Appeals for the Ninth Circuit · 2003

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3Cited by54 opinions

  1. Arthur Robbins, III v. Tom L. CareyCourt of Appeals for the Ninth Circuit · 2007
  2. Carlos Mendoza v. Tom L. Carey, WardenCourt of Appeals for the Ninth Circuit · 2006
  3. Moreno v. HarrisonCourt of Appeals for the Ninth Circuit · 2007
  4. In Re Bruce Wayne Morris, Bruce Wayne Morris v. United States District Court for the Eastern District of California (Sacramento), Jeanne S. Woodford, Warden, Real Party in InterestCourt of Appeals for the Ninth Circuit · 2004
  5. Carlos Mendoza v. Tom L. Carey, WardenCourt of Appeals for the Ninth Circuit · 2006

49 more not listed; retrieve them via the Exa API.

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