Legal Opinion
Roberts v. Marshall
Court of Appeals for the Ninth Circuit
Decided December 13, 2010No. 08-55901PublishedCited by 328 opinions
1Opinion of the Court
OPINION
O’SCANNLAIN, Circuit Judge:
We must decide whether a habeas petitioner is entitled to an evidentiary hearing to determine whether his asserted mental incompetence warrants equitable tolling of the one-year statute of limitations provided by the Antiterrorism and Effective Death Penalty Act of 1996.
I
Rodney Ray Roberts pled guilty to second degree murder in California Superior Court on June 26, 2002, and was sentenced to fifteen years’ to life imprisonment. Roberts did not appeal his conviction, but constructively filed a pro se petition for a writ of habeas corpus in the Los Angeles…
2Cases cited11 opinions
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
- Jackie Ervin Rasberry v. Rosie B. Garcia, WardenCourt of Appeals for the Ninth Circuit · 2006
- Dean Evan Ferguson v. Joan Palmateer, Superintendent Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 2003
- Evans v. ChavisSupreme Court of the United States · 2006
- Brian Keith Laws v. A.A. Lamarque, WardenCourt of Appeals for the Ninth Circuit · 2003
6 more not listed; retrieve them via the Exa API.
3Cited by328 opinions
- Steven Forbess v. Steve FrankeCourt of Appeals for the Ninth Circuit · 2014
- Klee Orthel v. James YatesCourt of Appeals for the Ninth Circuit · 2015
- Canez v. RyanDistrict Court, D. Arizona · 2014
- Chance Blackman v. Theresa CisnerosCourt of Appeals for the Ninth Circuit · 2024
- In re SpinksUnited States Bankruptcy Court, S.D. Georgia · 2018
323 more not listed; retrieve them via the Exa API.