Legal Opinion
Joseph Murl Bennett v. Glen Mueller, Warden Cal Terhune, Director Attorney General of the State of California
Court of Appeals for the Ninth Circuit
Decided July 9, 2002No. 00-56199PublishedCited by 18 opinions
1Opinion of the Court
WARD LAW, Circuit Judge.
Joseph Murl Bennett appeals the district court’s order adopting the Magistrate Judge’s Report and Recommendation denying his Petition for Writ of Habeas Corpus on the state procedural ground of untimeliness. We must decide whether the district court erred in concluding that the California Supreme Court’s denial of Bennett’s petition “on the merits and for lack of diligence” constituted an independent and adequate state ground so as to render his habeas petition proeedurally defaulted. In so doing, we must determine whether the state court’s reliance upon In re Clark, 5…
2Cases cited41 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Michigan v. LongSupreme Court of the United States · 1983
- Ake v. OklahomaSupreme Court of the United States · 1985
- Harris v. ReedSupreme Court of the United States · 1989
- Gray v. NetherlandSupreme Court of the United States · 1996
36 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Richard Cotto v. Victor Herbert, Warden, Attica Correctional FacilityCourt of Appeals for the Second Circuit · 2003
- Joseph Murl Bennett v. Glen Mueller, Warden Cal Terhune, Director Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2003
- United States v. Howard Eugene LeasureCourt of Appeals for the Ninth Circuit · 2003
- Frederick L. Jackson v. George J. Giurbino, Warden California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 2004
- Willie Livingston Hill v. Ernest C. Roe, WardenCourt of Appeals for the Ninth Circuit · 2003
13 more not listed; retrieve them via the Exa API.