Legal Opinion
Michael T. Herbst v. Dave Cook, Director Oregon Department of Corrections
Court of Appeals for the Ninth Circuit
Decided August 10, 2001No. 99-35133PublishedCited by 288 opinions
1Opinion of the Court
TASHIMA, Circuit Judge:
Michael T. Herbst (“Herbst”) pled guilty to arson in Oregon state court. His federal habeas corpus petition alleging, inter aha, ineffective assistance of counsel was denied sua sponte by the district court as time-barred pursuant to the one-year limitations period enacted under the Antiter-rorism and Effective Death Penalty Act. (“AEDPA”). See 28 U.S.C. § 2244(d). Herbst moved for reconsideration, but the district court summarily affirmed its initial order of dismissal. We conclude that the district court erred in sua sponte dismissing the petition as time-barred…
2Cases cited10 opinions
- Danny BOYD, Petitioner-Appellant, v. S. Frank THOMPSON, Superintendent of the Oregon State Penitentiary, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1998
- 389 Orange Street Partners v. ArnoldCourt of Appeals for the Ninth Circuit · 1999
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Charles E. McDowell Jr. v. Arthur Calderon, WardenCourt of Appeals for the Ninth Circuit · 1999
- Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001
5 more not listed; retrieve them via the Exa API.
3Cited by288 opinions
- Martin Valdez, Jr. v. W. MontgomeryCourt of Appeals for the Ninth Circuit · 2019
- Sherwood L. Hill v. D. A. Braxton, Buckingham Correctional CenterCourt of Appeals for the Fourth Circuit · 2002
- United States v. Francisco Moreno Sosa, A/K/A Franco HernandezCourt of Appeals for the Fourth Circuit · 2004
- Curtis Long v. Harry Wilson, SuperintendentCourt of Appeals for the Third Circuit · 2004
- Brian Keith Laws v. A.A. Lamarque, WardenCourt of Appeals for the Ninth Circuit · 2003
283 more not listed; retrieve them via the Exa API.