Legal Opinion
Brian Dennis Shannon v. Anthony Newland, Warden
Court of Appeals for the Ninth Circuit
Decided June 8, 2005No. 03-16833PublishedCited by 207 opinions
1Opinion of the Court
O’SCANNLAIN, Circuit Judge.
We must decide whether a California prisoner’s petition for writ of habeas corpus is timely when it is filed long after his conviction but shortly after a decision by the California Supreme Court clarifying the state’s criminal law in a way potentially favorable to his federal constitutional claim.
I
In October 1993, Brian Shannon and his girlfriend, Kimberly Stack, began to argue heatedly in the living room of Shannon’s home. Stack was killed by a shot from a handgun that Shannon kept on the premises. Evidence suggested that the couple had been struggling physically…
2Cases cited14 opinions
- West v. American Telephone & Telegraph Co.Supreme Court of the United States · 1940
- Lackawanna County District Attorney v. CossSupreme Court of the United States · 2001
- Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003
- Johnson v. United StatesSupreme Court of the United States · 2005
- Michael Allen Bowen v. Ernest Roe, Warden California State Attorney GeneralCourt of Appeals for the Ninth Circuit · 1999
9 more not listed; retrieve them via the Exa API.
3Cited by207 opinions
- Deangelo Whiteside v. United StatesCourt of Appeals for the Fourth Circuit · 2014
- Harris v. CarterCourt of Appeals for the Ninth Circuit · 2008
- Waldrip v. HallCourt of Appeals for the Ninth Circuit · 2008
- E.J.R.E. v. United States of America, T.R.E. v. United States of America, C.R. v. United StatesCourt of Appeals for the Eighth Circuit · 2006
- Wood v. SpencerCourt of Appeals for the First Circuit · 2007
202 more not listed; retrieve them via the Exa API.