Legal Opinion
Albino Perez v. Terry Rosario
Court of Appeals for the Ninth Circuit
Decided July 13, 2006No. 04-15279PublishedCited by 45 opinions
1Opinion of the Court
ORDER AND AMENDED OPINION
O’SCANNLAIN, Circuit Judge.
ORDER
The opinion filed on May 22, 2006 is amended as follows:
Slip Op. 5555. Insert the following footnote after the final paragraph in Part IV:
Because Perez requested an evidentiary hearing in California state court, he would be entitled to an evidentiary hearing on disputed facts if “(1) he has alleged facts that, if proven, would entitle him to relief, and (2) he did not receive a full and fair evidentiary hearing in state court.” Horton v. Mayle, 408 F.3d 570, 582 n. 6 (9th Cir.2005). Perez cannot satisfy the first prong of this test. His…
2Cases cited23 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Hill v. LockhartSupreme Court of the United States · 1985
- Townsend v. SainSupreme Court of the United States · 1963
- Lockhart v. FretwellSupreme Court of the United States · 1993
18 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Richard Hurles v. Charles L. RyanCourt of Appeals for the Ninth Circuit · 2014
- Crittenden v. AyersCourt of Appeals for the Ninth Circuit · 2010
- Kenneth Hibbler v. James BenedettiCourt of Appeals for the Ninth Circuit · 2012
- Gulbrandson v. RyanCourt of Appeals for the Ninth Circuit · 2013
- Frank Atwood v. Charles RyanCourt of Appeals for the Ninth Circuit · 2017
40 more not listed; retrieve them via the Exa API.