Legal Opinion · Dissent

Parmley v. Norris

Court of Appeals for the Eighth Circuit

Decided November 16, 2009No. 08-3107Published

1DissentGruender, Circuit Judge

I agree with the Court that the timeliness of Parmley’s habeas petition hinges on whether the U.S. Supreme Court had jurisdiction to review the Arkansas Court of Appeals’ denial of Parmley’s petition for rehearing. Answering this question “requires an examination of the particular state court procedures.” Riddle v. Kemna, 523 F.3d 850, 853 (8th Cir.2008) (en banc). Here, this examination requires us to interpret arguably conflicting rules of Arkansas procedure. After interpreting these rules, we then must apply them to Parmley’s case to identify “the highest court ... in which a decision…

2Cases cited14 opinions

  1. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  2. Rhines v. WeberSupreme Court of the United States · 2005
  3. Thompson v. City of LouisvilleSupreme Court of the United States · 1960
  4. Nash v. Florida Industrial CommissionSupreme Court of the United States · 1967
  5. Keith A. Smith v. Michael BowersoxCourt of Appeals for the Eighth Circuit · 1998

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