Legal Opinion
Jerome Powell v. John Lambert
Court of Appeals for the Ninth Circuit
Decided February 10, 2004No. 01-35809PublishedCited by 34 opinions
1Opinion of the Court
W. FLETCHER, Circuit Judge:
Jerome Powell appeals the district court’s denial of his petition for habeas corpus brought under 28 U.S.C. § 2254. The district court held that it could not consider Powell’s claims because they had not been exhausted in state court because of an “independent and adequate” procedural bar in that court. Powell contends on appeal that the state procedural bar is not adequate because it was not “clear, consistently applied, and well-established at the time of [his] purported default.” Wells v. Maass, 28 F.3d 1005, 1010 (9th Cir.1994).
Among other things, the State…
2Cases cited31 opinions
- O'Sullivan v. BoerckelSupreme Court of the United States · 1999
- Duncan v. HenrySupreme Court of the United States · 1995
- Maleng v. CookSupreme Court of the United States · 1989
- Ford v. GeorgiaSupreme Court of the United States · 1991
- Eric Allen Peterson v. Robert LampertCourt of Appeals for the Ninth Circuit · 2003
26 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- George Lopez v. Dora B. Schriro, Arizona Department of Corrections Director Megan Savage, WardenCourt of Appeals for the Ninth Circuit · 2007
- Vizcarra-Ayala v. MukaseyCourt of Appeals for the Ninth Circuit · 2008
- Gonzalez v. DuncanCourt of Appeals for the Ninth Circuit · 2008
- Robert Poyson v. Charles RyanCourt of Appeals for the Ninth Circuit · 2013
- Viet Mike Ngo v. Jeanne S. Woodford, Warden A.P. KaneCourt of Appeals for the Ninth Circuit · 2005
29 more not listed; retrieve them via the Exa API.