Legal Opinion
Brown v. Ahern
Court of Appeals for the Ninth Circuit
Decided April 12, 2012No. 11-15767PublishedCited by 127 opinions
1Opinion of the Court
OPINION
HUG, Circuit Judge:
Since our decision in Carden v. Montana, the rule of this circuit has been that, absent specifically defined extraordinary circumstances, principles of federalism and comity prohibit a federal district court from entertaining a pre-conviction habeas petition that raises a Speedy Trial claim as an affirmative defense to state prosecution. 626 F.2d 82, 83 (9th Cir.1980). This appeal presents the question whether McNeely v. Blanas, 336 F.3d 822 (9th Cir.2003), altered that rule. We hold that it did not.
I
Appellant Nerrah Brown was arrested and charged with robbery in the…
2Cases cited9 opinions
- Younger v. HarrisSupreme Court of the United States · 1971
- Braden v. 30th Judicial Circuit Court of KentuckySupreme Court of the United States · 1973
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
- Smith v. HooeySupreme Court of the United States · 1969
- Perez v. LedesmaSupreme Court of the United States · 1971
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3Cited by127 opinions
- Sammy Page v. Audrey KingCourt of Appeals for the Ninth Circuit · 2019
- James Russell Johnson v. State of FloridaCourt of Appeals for the Eleventh Circuit · 2022
- Shane Gates v. Rodney StrainCourt of Appeals for the Fifth Circuit · 2018
- Travis Bean v. Dolly MatteucciCourt of Appeals for the Ninth Circuit · 2021
- Bristol-Myers Squibb Company v. Clare ConnorsCourt of Appeals for the Ninth Circuit · 2020
122 more not listed; retrieve them via the Exa API.