Legal Opinion

Washington v. Ryan

Court of Appeals for the Ninth Circuit

Decided August 15, 2016No. 05-99009, 07-15536PublishedCited by 45 opinions

1Opinion of the Court

Dissent by Judge BYBEE; Dissent by Judge WATFORD

OPINION

CHRISTEN, Circuit Judge:

Theodore Washington, an Arizona death row inmate, filed a notice of appeal (“NOA”) thirty-one days after the district court denied his petition for writ of habeas corpus. Federal Rule of Appellate Procedure 4(a)(1) limited the window for filing this notice to just thirty days, but the rules also provided a grace period for requesting an extension of time. Due to a combination of circumstances — including an error by the court — Washington did not request an extension because he did not learn that his NOA was one…

2Cases cited44 opinions

  1. Bowles v. RussellSupreme Court of the United States · 2007
  2. Ahanchian v. Xenon Pictures, Inc.Court of Appeals for the Ninth Circuit · 2010
  3. Jesus Briones v. Riviera Hotel & CasinoCourt of Appeals for the Ninth Circuit · 1997
  4. R.E. Rodgers and Barbara Rodgers v. James G. Watt, Secretary of the Interior of the United States of AmericaCourt of Appeals for the Ninth Circuit · 1983
  5. Shannon Casey v. Albertson's Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2004

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3Cited by45 opinions

  1. Joseph Lombardo v. United StatesCourt of Appeals for the Seventh Circuit · 2017
  2. Pena v. United StatesDistrict Court, S.D. Illinois · 2018
  3. Washington v. RyanCourt of Appeals for the Ninth Circuit · 2019
  4. Washington v. David ShinnCourt of Appeals for the Ninth Circuit · 2021
  5. Remitz v. RemitzMontana Supreme Court · 2018

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