Legal Opinion
John K. Henderson v. Robert O. Lampert
Court of Appeals for the Ninth Circuit
Decided January 28, 2005No. 03-35738PublishedCited by 64 opinions
1Opinion of the Court
WALLACE, Senior Circuit Judge.
State prisoner Henderson appeals from the district court’s judgment denying his habeas petition. The district court had jurisdiction under 28 U.S.C. § 2254, and we have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 2253. Because the petition raises the same claims Henderson raised in an earlier petition that was dismissed on grounds of state procedural default, and because he cannot now challenge the grounds on which the first petition was dismissed, the current petition is a “second or successive” petition barred by 28 U.S.C. § 2244(b)(1). We…
2Cases cited21 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Heckler v. Community Health Services of Crawford County, Inc.Supreme Court of the United States · 1984
- Castro v. United StatesSupreme Court of the United States · 2003
- Granberry v. GreerSupreme Court of the United States · 1987
- Pliler v. FordSupreme Court of the United States · 2004
16 more not listed; retrieve them via the Exa API.
3Cited by64 opinions
- McNabb v. YatesCourt of Appeals for the Ninth Circuit · 2009
- Robert Jones, Jr. v. Charles RyanCourt of Appeals for the Ninth Circuit · 2013
- United States v. LopezCourt of Appeals for the Ninth Circuit · 2009
- Frank Young v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2017
- Pizzuto v. BladesCourt of Appeals for the Ninth Circuit · 2012
59 more not listed; retrieve them via the Exa API.