Legal Opinion

Self v. Stewart

Court of Appeals for the Ninth Circuit

Decided October 29, 2002No. 01-15657; D.C. No. CV-00-01058-EHCPublished

1Opinion of the Court

MEMORANDUM ***

The district court properly denied Selfs petition for a writ of habeas corpus as time-barred. Under Arizona law, a prisoner’s claims are exhausted for habeas purposes once an appeal is presented to the Arizona Court of Appeals and that court has ruled on them. See Swoopes v. Sublett 196 F.3d 1008, 1010 (9th Cir.1999) (holding limited to prisoners not sentenced to life imprisonment or death). Selfs direct appeal was finalized and his claims exhausted on August 14, 1992, when the Arizona Court of Appeals issued its first mandate in his case. This mandate was not implicitly…

2Cases cited3 opinions

  1. Donald Ray Patterson v. Terry L. StewartCourt of Appeals for the Ninth Circuit · 2001
  2. Samuel W. Swoopes v. Sam Sublett Grant Woods, Attorney GeneralCourt of Appeals for the Ninth Circuit · 1999
  3. State v. DalglishCourt of Appeals of Arizona · 1995

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