Legal Opinion

Uriel Gonzalez v. Stuart Sherman

Court of Appeals for the Ninth Circuit

Decided October 11, 2017No. 14-56855PublishedCited by 86 opinions

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

  1. Wilkinson v. DotsonSupreme Court of the United States · 2005
  2. Burton v. StewartSupreme Court of the United States · 2007
  3. Panetti v. QuartermanSupreme Court of the United States · 2007
  4. Magwood v. PattersonSupreme Court of the United States · 2010
  5. Berman v. United StatesSupreme Court of the United States · 1937

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3Cited by86 opinions

  1. Demetrius Osbourne v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2020
  2. Damien Freeman v. Lyneal WainwrightCourt of Appeals for the Sixth Circuit · 2020
  3. Alexander Balbuena v. William SullivanCourt of Appeals for the Ninth Circuit · 2020
  4. Alquandre Turner v. Renee BakerCourt of Appeals for the Ninth Circuit · 2019
  5. Taryn Christian v. Todd ThomasCourt of Appeals for the Ninth Circuit · 2020

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