Legal Opinion
Martinez v. Gomez
Court of Appeals for the Ninth Circuit
Decided March 3, 1998No. 96-56208PublishedCited by 18 opinions
1Per curiam
In this case,.we consider whether a prison sentence of life with the possibility of parole falls within California Civil Procedure Code § 352(a)(3), which tolls the statute of limitations for persons “in execution under the sentence of a criminal Court for a term less than for life.” The district court had jurisdiction under 28 U.S.C. § 1331 and 42 U.S.C. § 1983. We have jurisdiction over this timely filed appeal pursuant to 28 U.S.C. § 1291, and we reverse and remand.
Martinez is serving a life sentence with the possibility of. parole. On February 14, 1996, he filed an action under 42 U.S.C.…
2Cases cited7 opinions
- Wilson v. GarciaSupreme Court of the United States · 1985
- Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
- McDougal v. County of ImperialCourt of Appeals for the Ninth Circuit · 1991
- Wmx Technologies, Inc. v. MillerCourt of Appeals for the Ninth Circuit · 1997
- People v. YatesCalifornia Supreme Court · 1983
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3Cited by18 opinions
- Oscar W. Jones v. Lou Blanas County of SacramentoCourt of Appeals for the Ninth Circuit · 2004
- Andres M. Martinez v. G.D. Stanford W. Owen M. Atkinson D. Rockholt J. StovallCourt of Appeals for the Ninth Circuit · 2003
- Knevelbaard Dairies v. Kraft Foods, Inc.Court of Appeals for the Ninth Circuit · 2000
- Green v. City of TucsonCourt of Appeals for the Ninth Circuit · 2003
- Simmonds v. Credit Suisse Securities LLCCourt of Appeals for the Ninth Circuit · 2010
13 more not listed; retrieve them via the Exa API.