Hebner v. McGrath
Court of Appeals for the Ninth Circuit
1Opinion of the Court
CLIFTON, Circuit Judge:
Alfred W. Hebner seeks to challenge his California state conviction with a petition for habeas corpus under 28 U.S.C. § 2254. The primary question presented by this appeal is whether a new argument contained within a proposed amended habeas corpus petition, filed by Hebner after the one-year limitations period imposed by 28 U.S.C. § 2244(d)(1), part of the Antiterrorism and Effective Death Penalty Act (AEDPA), related back to his timely filed original petition. The district court denied Hebner’s motion for leave to file the amended petition, concluding that the new…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
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- Pierce v. Multnomah CountyCourt of Appeals for the Ninth Circuit · 1996
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