Legal Opinion

Marcia Ellen Bunney v. Gwendolyn Mitchell, Warden of the Central California Women's Facility

Court of Appeals for the Ninth Circuit

Decided August 28, 2001No. 00-15432PublishedCited by 90 opinions

1Per curiam

In 1982, Petitioner Marcia Ellen Bunney was convicted of first-degree murder in California. On September 4, 1997, she filed a petition for a writ of habeas corpus in district court, pursuant to 28 U.S.C. § 2254. The district court dismissed the petition as untimely.

We initially affirmed that dismissal, Bunney v. Mitchell, 241 F.3d 1151 (9th Cir.2001), then withdrew our opinion and certified to the California Supreme Court the following question:

When is the summary denial of a petition for habeas corpus by the California Supreme Court “final”: when filed, 30 days after filing, or at some other…

2Cases cited5 opinions

  1. Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001
  2. Tony Eugene Saffold v. Anthony NewlandCourt of Appeals for the Ninth Circuit · 2001
  3. People v. CarringtonCalifornia Court of Appeal · 1974
  4. Marcia Ellen Bunney v. Gwendolyn Mitchell, Warden of the Central California Women's FacilityCourt of Appeals for the Ninth Circuit · 2001
  5. Marcia Ellen Bunney v. Gwendolyn Mitchell, Warden of the Central California Women's FacilityCourt of Appeals for the Ninth Circuit · 2001

3Cited by90 opinions

  1. David C. Smith v. W.A. Duncan, WardenCourt of Appeals for the Ninth Circuit · 2002
  2. Robert Lee Lott v. Glenn A. Mueller, WardenCourt of Appeals for the Ninth Circuit · 2002
  3. Robert Jerome Espinoza-Matthews v. People of the State of California, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
  4. Michael N. Corjasso, III v. Robert L. Ayers, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
  5. Phelps v. AlameidaCourt of Appeals for the Ninth Circuit · 2009

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