Legal Opinion

Smith v. Baldwin

Court of Appeals for the Ninth Circuit

Decided October 23, 2006No. 04-35253PublishedCited by 11 opinions

1Opinion of the Court

Opinion by Judge Reinhardt; Dissent by Judge Bybee

REINHARDT, Circuit Judge.

I

This case presents the question whether a state prisoner who contends that he is actually innocent, but whose principal witness is coerced by the state into not testifying on his behalf, may pursue his federal constitutional claims in federal court notwithstanding his failure to comply with all of the applicable procedural prerequisites. Roger Smith is currently serving a life sentence with a 30-year minimum term. The district court dismissed on procedural grounds his petition for a writ of habeas corpus without…

2Cases cited40 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Coleman v. ThompsonSupreme Court of the United States · 1991
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. Murray v. CarrierSupreme Court of the United States · 1986
  5. Rose v. LundySupreme Court of the United States · 1982

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3Cited by11 opinions

  1. Smith v. BaldwinCourt of Appeals for the Ninth Circuit · 2007
  2. M.M. Ex Rel. L.R. v. Special School District No. 1Court of Appeals for the Eighth Circuit · 2008
  3. Date v. SchriroDistrict Court, D. Arizona · 2008
  4. Kelly Park v. Karen ThompsonCourt of Appeals for the Ninth Circuit · 2017
  5. Hamilton v. AyersDistrict Court, E.D. California · 2006

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