Legal Opinion
Calderon v. United States District Court for the Northern District of California
Court of Appeals for the Ninth Circuit
Decided January 26, 1998No. 97-70567PublishedCited by 40 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
We are asked to decide whether a district court may allow a habeas corpus petitioner to amend his petition to delete unexhausted claims and hold the amended petition in abeyance subject to further amendment reincorporating the deleted claims once they are litigated in state court.
I
The real party in interest in this ease, Freddie Lee Taylor, is a California prisoner sentenced to death for first degree murder. On July 10,1995, Taylor filed a petition for a writ of habeas corpus in the District Court for the Northern District of California raising some forty-six…
2Cases cited22 opinions
- Rose v. LundySupreme Court of the United States · 1982
- McCleskey v. ZantSupreme Court of the United States · 1991
- Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
- Ex Parte RoyallSupreme Court of the United States · 1886
- Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953
17 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Victor Zarvela v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 2001
- Merritt v. BlaineCourt of Appeals for the Third Circuit · 2003
- Charles C. Delaney III v. James MatesanzCourt of Appeals for the First Circuit · 2001
- Drew v. Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2002
- Gary Graham, Now Known as Shaka Sankofa v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 1999
35 more not listed; retrieve them via the Exa API.