Legal Opinion

In Re Clark

California Supreme Court

Decided July 29, 1993No. S022475PublishedCited by 524 opinions

1Opinion of the Court

*759Opinion

BAXTER, J.

William John Clark petitions for a writ of habeas corpus, claiming that the judgment pursuant to which he is confined under a sentence of death is invalid. We conclude that his unjustified delay in presenting his claims bars consideration of the merits of the petition.

An exception to this bar would be recognized if, as a result of the defects of which petitioner complains, the conviction and/or sentence were shown to constitute a fundamental miscarriage of justice. A fundamental miscarriage of justice is established by showing: (1) that error of constitutional magnitude led…

2Cases cited110 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Chapman v. CaliforniaSupreme Court of the United States · 1967
  4. Coleman v. ThompsonSupreme Court of the United States · 1991
  5. Murray v. CarrierSupreme Court of the United States · 1986

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3Cited by524 opinions

  1. Cullen v. PinholsterSupreme Court of the United States · 2011
  2. Carey v. SaffoldSupreme Court of the United States · 2002
  3. Walker v. MartinSupreme Court of the United States · 2011
  4. Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  5. Bruce Wayne Morris v. Jeanne Woodford, Acting Warden of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2000

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