Legal Opinion

Hillery v. Pulley

District Court, E.D. California

Decided March 9, 1982No. Civil S-78-594 LKKPublishedCited by 65 opinions

1Opinion of the Court

OPINION AND ORDER

KARLTON, District Judge.

For the second time 1 I turn to the extremely difficult procedural problems tendered by this petition for habeas corpus. 2

Despite the long history of federal review of state convictions under habeas corpus, 3 a remarkable number of important procedural questions have received little or no attention. This Opinion addresses some of these crucial questions of procedure as well as important substantive issues. In essence, I first decide here that under certain circumstances a respondent may, with leave of court, move to dismiss a petition for habeas…

2Cases cited57 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Picard v. ConnorSupreme Court of the United States · 1971
  3. Cuyler v. SullivanSupreme Court of the United States · 1980
  4. Witherspoon v. IllinoisSupreme Court of the United States · 1968
  5. Townsend v. SainSupreme Court of the United States · 1963

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3Cited by65 opinions

  1. Vasquez v. HillerySupreme Court of the United States · 1986
  2. Landano v. RaffertyCourt of Appeals for the Third Circuit · 1990
  3. Hillery v. PulleyDistrict Court, E.D. California · 1983
  4. Nelson v. BiterDistrict Court, C.D. California · 2014
  5. Booker T. Hillery, Jr. v. Reginald Pulley, WardenCourt of Appeals for the Ninth Circuit · 1984

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