Legal Opinion

Davis v. Silva

Court of Appeals for the Ninth Circuit

Decided January 2, 2008No. 05-16821PublishedCited by 184 opinions

1Opinion of the Court

TASHIMA, Circuit Judge:

Petitioner Michael Davis appeals the district court’s dismissal of his habeas corpus petition for failure to exhaust. In the underlying claim, Davis complains that, during a prison disciplinary hearing resulting in the revocation of good-time credit, his due process right to call a witness was violated. Respondent Warden J. Silva (the “State”) contends that Davis’ claim is unexhausted because he failed to provide the California Supreme Court with a sufficient factual basis for his federal claim. We reverse the district court, holding that Davis did exhaust the factual…

2Cases cited16 opinions

  1. Slack v. McDanielSupreme Court of the United States · 2000
  2. Haines v. KernerSupreme Court of the United States · 1972
  3. Wolff v. McDonnellSupreme Court of the United States · 1974
  4. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  5. Baldwin v. ReeseSupreme Court of the United States · 2004

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3Cited by184 opinions

  1. Moses v. PayneCourt of Appeals for the Ninth Circuit · 2009
  2. Dwayne Woods v. Stephen SinclairCourt of Appeals for the Ninth Circuit · 2014
  3. Joseph Wood, III v. Charles RyanCourt of Appeals for the Ninth Circuit · 2012
  4. Gentry v. SinclairCourt of Appeals for the Ninth Circuit · 2012
  5. Robert Walden v. David ShinnCourt of Appeals for the Ninth Circuit · 2021

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

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