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 17, 2005No. 01-55716PublishedCited by 46 opinions
1Opinion of the Court
DAVID R. THOMPSON, Senior 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 state remedies are exhausted as to all claims.” The court also…
2Cases cited13 opinions
- Rose v. LundySupreme Court of the United States · 1982
- Pliler v. FordSupreme Court of the United States · 2004
- 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
- Michael Allen Bowen v. Ernest Roe, Warden California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 1999
8 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Arthur Robbins, III v. Tom L. CareyCourt of Appeals for the Ninth Circuit · 2007
- Armando Sossa v. Ralph M. DiazCourt of Appeals for the Ninth Circuit · 2013
- Harris v. CarterCourt of Appeals for the Ninth Circuit · 2008
- Banjo v. AyersCourt of Appeals for the Ninth Circuit · 2010
- Ford v. PlilerCourt of Appeals for the Ninth Circuit · 2009
41 more not listed; retrieve them via the Exa API.