Legal Opinion

Lee v. Lampert

District Court, D. Oregon

Decided March 24, 2009No. CV 02-300-CLPublishedCited by 8 opinions

1Opinion of the Court

OPINION AND ORDER

PANNER, District Judge.

Petitioner Richard Lee brings this action pursuant to 28 U.S.C. § 2254, challenging his 1995 state court convictions on two counts of first degree sexual abuse and two counts of sodomy. Respondent argues that Lee’s petition was not filed in time and therefore is proeedurally barred, and he does not qualify under the “actually innocent” gateway recognized in Schlup v. Delo, 513 U.S. 298, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995). Respondent also contends the petition fails on the merits.

On March 11, 2008, Magistrate Judge Clarke filed his Report and…

2Cases cited26 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Jackson v. VirginiaSupreme Court of the United States · 1979
  3. Schlup v. DeloSupreme Court of the United States · 1995
  4. Delaware v. Van ArsdallSupreme Court of the United States · 1986
  5. Davis v. AlaskaSupreme Court of the United States · 1974

21 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Lee v. LampertCourt of Appeals for the Ninth Circuit · 2011
  2. Lee v. LampertCourt of Appeals for the Ninth Circuit · 2010
  3. Lee v. LampertCourt of Appeals for the Ninth Circuit · 2010
  4. Jamaul Monk v. Terri Gonzalez, WardenCourt of Appeals for the Ninth Circuit · 2014
  5. Lee v. LampertCourt of Appeals for the Ninth Circuit · 2011

3 more not listed; retrieve them via the Exa API.

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