Legal Opinion
Gary D. Gardner v. Edwin Pogue, Warden, Nevada State Penitentiary
Court of Appeals for the Ninth Circuit
Decided August 1, 1977No. 76-1578PublishedCited by 146 opinions
1Opinion of the Court
TRASK, Circuit Judge:
This is an appeal from a federal district court’s denial of a petition for a writ of habeas corpus. Because the district court failed to comply with the requirements of Rule 22(b) of the Federal Rules of Appellate Procedure by issuing either a certificate of probable cause or a statement of its reasons for declining to grant one, we lack jurisdiction to hear the appeal. We remand the case for a determination consistent with this rule.
I
On November 7, 1967, appellant pleaded guilty to the crime of second degree murder, and on December 20, 1967, a Nevada State District Court…
2Cases cited13 opinions
- Coppedge v. United StatesSupreme Court of the United States · 1962
- Ellis v. United StatesSupreme Court of the United States · 1958
- Charles Henry Stewart v. Dr. George J. Beto, Director, Texas Department of CorrectionsCourt of Appeals for the Fifth Circuit · 1971
- Nowakowski v. MaroneySupreme Court of the United States · 1967
- Eddie W. Pembrook v. Lawrence E. Wilson, Warden, California State Prison, San Quentin, CaliforniaCourt of Appeals for the Ninth Circuit · 1966
8 more not listed; retrieve them via the Exa API.
3Cited by146 opinions
- Eric Knapp v. HoganCourt of Appeals for the Ninth Circuit · 2013
- William S. Sires, Jr. v. Harold GabrielCourt of Appeals for the First Circuit · 1984
- United States v. Connie M. HandyCourt of Appeals for the Ninth Circuit · 1985
- Jeffrey Grune v. Thomas A. CoughlinCourt of Appeals for the Second Circuit · 1990
- Charles Alexander v. David Harris, as Superintendent of Green Haven Correctional FacilityCourt of Appeals for the Second Circuit · 1979
141 more not listed; retrieve them via the Exa API.