Legal Opinion
Danny BOYD, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent of the Oregon State Penitentiary, Respondent-Appellee
Court of Appeals for the Ninth Circuit
Decided June 29, 1998No. 96-35655PublishedCited by 806 opinions
1Opinion of the Court
MICHAEL DALY HAWKINS, Circuit Judge:
This appeal requires us to decide whether a district court may raise the issue of procedural default sua sponte, before the state custodian is served with, or files an answer to, a 28 U.S.C. § 2254 habeas corpus petition, when the default is obvious from the face of the petition.
BACKGROUND
Danny Boyd, an Oregon state prisoner, filed a pro se application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his 1981 state conviction for carrying a weapon with intent to use. 1 In his petition, Boyd admitted that he did not pursue an appeal with…
2Cases cited24 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Murray v. CarrierSupreme Court of the United States · 1986
- Lindh v. MurphySupreme Court of the United States · 1997
- Granberry v. GreerSupreme Court of the United States · 1987
- Lambrix v. SingletarySupreme Court of the United States · 1997
19 more not listed; retrieve them via the Exa API.
3Cited by806 opinions
- Antonio Darnell Robinson v. John Ignacio, WardenCourt of Appeals for the Ninth Circuit · 2004
- James Perruquet v. Kenneth R. BrileyCourt of Appeals for the Seventh Circuit · 2004
- Michael T. Herbst v. Dave Cook, Director Oregon Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2001
- Frank Howard v. Barbara Bouchard, WardenCourt of Appeals for the Sixth Circuit · 2005
- Porter v. OllisonCourt of Appeals for the Ninth Circuit · 2010
801 more not listed; retrieve them via the Exa API.