Legal Opinion

James Darryl Allen v. Gail Lewis, Warden

Court of Appeals for the Ninth Circuit

Decided July 15, 2002No. 01-15503PublishedCited by 6 opinions

1Opinion of the Court

ORDER

The district court held that Allen’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 was filed sixteen days after the AEDPA one-year statute of limitations had expired. See 28 U.S.C. § 2244(d). After the panel opinion affirmed the district court, we decided Bunney v. Mitchell, 262 F.3d 973 (9th Cir.2001), where we held that the California Supreme Court’s denial of a petition for collateral relief does not become final until thirty days after the denial is issued. Id. at 974 (citing Rule 24 of the California Rules of Court). We so held after the California Supreme Court had…

2Cases cited2 opinions

  1. Marcia Ellen Bunney v. Gwendolyn Mitchell, Warden of the Central California Women's FacilityCourt of Appeals for the Ninth Circuit · 2001
  2. Marcia Ellen Bunney v. Gwendolyn Mitchell, Warden of the Central California Women's FacilityCourt of Appeals for the Ninth Circuit · 2001

3Cited by6 opinions

  1. Phelps v. AlameidaCourt of Appeals for the Ninth Circuit · 2009
  2. Charles Roger Jorss v. James H. Gomez, DirectorCourt of Appeals for the Ninth Circuit · 2002
  3. James Edward Smith v. J.M. Ratelle B. Kathleen BlanchardCourt of Appeals for the Ninth Circuit · 2003
  4. Charles Roger Jorss v. James H. Gomez, DirectorCourt of Appeals for the Ninth Circuit · 2002
  5. Phelps v. AlameidaCourt of Appeals for the Ninth Circuit · 2009

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