Legal Opinion

David C. Smith v. W.A. Duncan, Warden

Court of Appeals for the Ninth Circuit

Decided July 17, 2002No. 00-16458PublishedCited by 174 opinions

1Opinion of the Court

ORDER AND AMENDED OPINION

RAWLINSON, Circuit Judge.

ORDER

The Opinion filed on December 19, 2001 and amended on May -20, 2002, should be replaced in its entirety with the attached opinion.

OPINION

AppellanL-Petitioner David C. Smith (“Smith”) appeals the district court’s grant of Appellee-Respondent W.A. Duncan’s (the “Government’s”) motion to dismiss Smith’s federal petition for habeas corpus as untimely. When ruling on the motion, the district court was faced with an incomplete record. The facts, as they were presented to the district court, are recounted in the “Background” section of this…

2Cases cited17 opinions

  1. Artuz v. BennettSupreme Court of the United States · 2000
  2. United States Ex Rel. Robinson Rancheria Citizens Council v. Borneo, Inc. Clear Lake Indian Bingo Ltd. American Arbitration Association Herman SchnerCourt of Appeals for the Ninth Circuit · 1992
  3. Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  4. Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  5. Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001

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

3Cited by174 opinions

  1. Sandra Maxwell Griffin v. Shirley A. Rogers, WardenCourt of Appeals for the Sixth Circuit · 2002
  2. Porter v. OllisonCourt of Appeals for the Ninth Circuit · 2010
  3. Ramirez v. YatesCourt of Appeals for the Ninth Circuit · 2009
  4. Trigueros v. AdamsCourt of Appeals for the Ninth Circuit · 2011
  5. Robert Jerome Espinoza-Matthews v. People of the State of California, Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005

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

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