Legal Opinion

Bergen McNeeley v. Arvon Arave

Court of Appeals for the Ninth Circuit

Decided March 17, 1988No. 87-4088PublishedCited by 32 opinions

1Per curiam

McNeeley appeals the district court’s dismissal of his habeas petition on two grounds: (1) the district court erred in finding that McNeeley failed to exhaust state remedies; and (2) the district court abused its discretion in failing to certify the exhaustion issue to the Idaho Supreme Court. We affirm.

FACTS AND PROCEEDINGS

McNeeley pleaded guilty to a charge of robbery and was sentenced by an Idaho district court to an indeterminate life term in prison. McNeeley appealed his conviction and life sentence to the Idaho Supreme Court, which assigned the case to the Idaho Court of Appeals under…

2Cases cited4 opinions

  1. Engle v. IsaacSupreme Court of the United States · 1982
  2. William Junior Hughes v. Idaho State Board of CorrectionsCourt of Appeals for the Ninth Circuit · 1986
  3. Terry Zimmerlee v. J.C. Keeney, Superintendent, Oregon State PenitentiaryCourt of Appeals for the Ninth Circuit · 1987
  4. Clarence Jackson v. Hoyt C. CuppCourt of Appeals for the Ninth Circuit · 1982

3Cited by32 opinions

  1. Phillip J. Harmon v. Charles Ryan, WardenCourt of Appeals for the Ninth Circuit · 1992
  2. Albert A. Larche v. Mark Simons, Judge Municipal CourtCourt of Appeals for the Ninth Circuit · 1995
  3. Robert Eldridge Jennison v. B.D. Goldsmith, Warden Attorney General of the State of ArizonaCourt of Appeals for the Ninth Circuit · 1991
  4. Brian McMonagle v. Don MeyerCourt of Appeals for the Ninth Circuit · 2015
  5. Charles Roberts v. Arvon J. Arave, Jim T. JonesCourt of Appeals for the Ninth Circuit · 1988

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