Legal Opinion

Rene Joseph Delhomme v. Ana M. Ramirez, Warden

Court of Appeals for the Ninth Circuit

Decided August 15, 2003No. 00-56148PublishedCited by 74 opinions

1Opinion of the Court

OPINION

2Per curiam

Rene Delhomme challenged his conviction and sentence by filing three habeas petitions in California courts in ascending order. While they were pending, Delhom-me filed additional and overlapping state habeas petitions. His federal habeas petition was later dismissed as time-barred under 28 U.S.C. § 2244(d)(1). Since we find that the subsequent overlapping petitions did not affect the pendency of his first round of state collateral review, but began entirely separate rounds of review, Delhomme is entitled to tolling of the 28 U.S.C. § 2244(d)(1) one-year statute of limitations during…

3Cases cited8 opinions

  1. Carey v. SaffoldSupreme Court of the United States · 2002
  2. Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  3. David C. Smith v. W.A. Duncan, WardenCourt of Appeals for the Ninth Circuit · 2002
  4. Marcia Ellen Bunney v. Gwendolyn Mitchell, Warden of the Central California Women's FacilityCourt of Appeals for the Ninth Circuit · 2001
  5. United States Ex Rel. Grynberg v. Praxair, Inc.Court of Appeals for the Tenth Circuit · 2004

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

4Cited by74 opinions

  1. Evans v. ChavisSupreme Court of the United States · 2006
  2. Porter v. OllisonCourt of Appeals for the Ninth Circuit · 2010
  3. Brian Dennis Shannon v. Anthony Newland, WardenCourt of Appeals for the Ninth Circuit · 2005
  4. Joseph Stancle v. Ivan ClayCourt of Appeals for the Ninth Circuit · 2012
  5. Anthony (Tony) Gaston v. Anna Ramirez PalmerCourt of Appeals for the Ninth Circuit · 2005

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

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