Ashmus v. Calderon
District Court, N.D. California
1Opinion of the Court
FINDINGS OF FACT, CONCLUSIONS OF LAW, AND ORDER
THELTON E. HENDERSON, Chief Judge.
INTRODUCTION
This case concerns the applicability of Title I of the Antiterrorism and Effective Death Penalty Act of 1996 (“Act”), Pub.L. 104-132, 110 Stat. 1214, to the State of California. Plaintiffs 1 contend that California has failed to comply with the Act’s so-called “opt-in” provisions, as set forth in the newly created Chapter 154 of the Judicial Code. Accordingly, plaintiffs contend, the expedited review and other provisions of Chapter 154 do not, and cannot, apply to petitions brought under 28 U.S.C. §…
2Cases cited60 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
- Warth v. SeldinSupreme Court of the United States · 1975
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- General Telephone Co. of Southwest v. FalconSupreme Court of the United States · 1982
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3Cited by21 opinions
- Calderon v. AshmusSupreme Court of the United States · 1998
- Arthur Calderon, Warden v. The United States District Court for the Northern District of California, Robert Henry Nicolaus, Real-Party-In-InterestCourt of Appeals for the Ninth Circuit · 1996
- Mata v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
- Mata v. JohnsonCourt of Appeals for the Fifth Circuit · 1996
- Hill v. ButterworthDistrict Court, N.D. Florida · 1996
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