Legal Opinion
Michael D. Brambles v. W.A. Duncan, Warden C.A. Terhune, Director, California Department of Corrections
Court of Appeals for the Ninth Circuit
Decided June 3, 2003No. 01-55716PublishedCited by 28 opinions
1Opinion of the Court
Opinion by Judge DAVID R. THOMPSON. Concurrence by Judge RAWLINSON.
DAVID R. THOMPSON, Circuit Judge:
Michael D. Brambles appeals the district court’s dismissal of his habeas corpus petition as time-barred under the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2244(d).
Brambles filed an earlier petition that was timely, but it included one exhausted and two unexhausted claims. The district court told Brambles he could either dismiss the unexhausted claims or dismiss the whole petition “without prejudice to any right [he] may have to file a new petition once available…
2Cases cited19 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Andreas Kelly v. Larry Small, WardenCourt of Appeals for the Ninth Circuit · 2003
- In Re: Michael W. Sheehan Wilhelmina Sheehan, Debtors. Yoji Oyama v. Michael W. Sheehan Wilhelmina SheehanCourt of Appeals for the Ninth Circuit · 2001
- Michael Allen Bowen v. Ernest Roe, Warden California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 1999
14 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003
- Neverson v. FarquharsonCourt of Appeals for the First Circuit · 2004
- Michael D. Brambles v. W.A. Duncan, Warden C.A. Terhune, Director, California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2005
- Samar Akins v. Michael L. Kenney, Warden of the Nebraska State PenitentiaryCourt of Appeals for the Eighth Circuit · 2003
- Cleveland v. StateCourt of Appeals of Alaska · 2010
23 more not listed; retrieve them via the Exa API.