Legal Opinion
Donald Kenneth Fetterly v. David Paskett, Warden, Idaho State Prisons and Jim Jones, Attorney General of the State of Idaho
Court of Appeals for the Ninth Circuit
Decided July 9, 1993No. 90-35627PublishedCited by 86 opinions
1Opinion of the Court
TROTT, Circuit Judge:
Donald Fetterly comes to us sentenced to death by the State of Idaho. Among his claims on appeal from a denial by the district court of his petition for a writ of habeas corpus is a claim that he should have been granted a stay to exhaust in state court newly identified Constitutional claims. Fet-terly’s newly appointed counsel had discovered these claims and wanted to include them in Fetterl/s petition. Counsel’s request for a stay was denied, and Fetterly’s petition was not amended. These new claims relate to admitted irregularities in the manner in which the sentencing…
2Cases cited32 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Gregg v. GeorgiaSupreme Court of the United States · 1976
- Murray v. CarrierSupreme Court of the United States · 1986
- Rose v. LundySupreme Court of the United States · 1982
- Teague v. LaneSupreme Court of the United States · 1989
27 more not listed; retrieve them via the Exa API.
3Cited by86 opinions
- Fred Jay Jackson v. Ernest C. Roe, WardenCourt of Appeals for the Ninth Circuit · 2005
- Michael Anthony v. Steven Cambra, Jr., WardenCourt of Appeals for the Ninth Circuit · 2000
- Keith Daniel Williams v. Arthur Calderon, Warden, San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 1995
- Jaturun Siripongs v. Arthur Calderon, WardenCourt of Appeals for the Ninth Circuit · 1994
- Bernard Lee Hamilton v. Daniel Vasquez, Warden of San Quentin the Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1994
81 more not listed; retrieve them via the Exa API.