Legal Opinion

Belgarde v. Montana

Court of Appeals for the Ninth Circuit

Decided August 19, 1997No. 96-35447PublishedCited by 75 opinions

1Opinion of the Court

CHOY, Circuit Judge:

Gilbert Belgarde appeals pro se the district court’s grant of summary judgment in favor of the State of Montana, et al., in his 28 U.S.C. § 2254 petition for writ of habeas corpus. While we hold that Belgarde’s constitutional claims are meritless, we write to emphasize that the district court properly exercised jurisdiction over Belgarde’s habeas petition.

Factual and Procedural Background

Gilbert Belgarde was involved in a single-car accident on August 12, 1992, in which his vehicle crashed into a concrete barrier and guardrail at the end of a dead-end street. As a result…

2Cases cited22 opinions

  1. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. Brown v. OhioSupreme Court of the United States · 1977
  4. Trop v. DullesSupreme Court of the United States · 1958
  5. Maleng v. CookSupreme Court of the United States · 1989

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

3Cited by75 opinions

  1. Bean v. CalderonCourt of Appeals for the Ninth Circuit · 1998
  2. John J. Zichko v. State of Idaho Larry Wright, Warden Alan LanceCourt of Appeals for the Ninth Circuit · 2001
  3. John WINDHAM, Petitioner-Appellant, v. William MERKLE, Respondent-AppelleeCourt of Appeals for the Ninth Circuit · 1998
  4. Jeffrey J. Biggs v. Cal A. Terhune, Director of Wbs/jfm CDC California Board of Prison Terms Board of Prison TermsCourt of Appeals for the Ninth Circuit · 2003
  5. Ramon L. Smith v. State of IdahoCourt of Appeals for the Ninth Circuit · 2004

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API