Uriel Gonzalez v. Stuart Sherman
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
REINHARDT, Circuit Judge:
Under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), a state prisoner is ordinarily prohibited from filing more than one federal petition for writ of habeas corpus challenging his conviction or sentence. 28 U.S.C. § 2244(b). We have previously held, however, that when a state trial court amends a prisoner’s judgment of conviction, it creates a new, intervening judgment which a prisoner may challenge in a federal habeas petition without that petition being denied as “second or successive” under AEDPA. See Wentzell v. Neven, 674 F.3d 1124,…
2Cases cited21 opinions
- Wilkinson v. DotsonSupreme Court of the United States · 2005
- Burton v. StewartSupreme Court of the United States · 2007
- Panetti v. QuartermanSupreme Court of the United States · 2007
- Magwood v. PattersonSupreme Court of the United States · 2010
- Berman v. United StatesSupreme Court of the United States · 1937
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3Cited by86 opinions
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- Damien Freeman v. Lyneal WainwrightCourt of Appeals for the Sixth Circuit · 2020
- Alexander Balbuena v. William SullivanCourt of Appeals for the Ninth Circuit · 2020
- Alquandre Turner v. Renee BakerCourt of Appeals for the Ninth Circuit · 2019
- Taryn Christian v. Todd ThomasCourt of Appeals for the Ninth Circuit · 2020
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