Legal Opinion
James Morrison v. Michael Mahoney, Warden, Montana State Prison
Court of Appeals for the Ninth Circuit
Decided February 23, 2005No. 03-35161PublishedCited by 49 opinions
1Opinion of the Court
CALLAHAN, Circuit Judge.
James Morrison (“Morrison”) appeals the denial of his habeas petition by the district court" pursuant to 28 U.S.C. § 2254. Morrison contends that the district court erred in finding that various of his habeas claims were barred by procedural default. He asserts that the appel-lee, Michael Mahoney, the warden of the Montana State Prison (“the State”), waived this defense by failing to raise it in a timely manner. In addition, Morrison has filed a motion to this court to broaden the Certificate of Appealability (“COA”) to include the issue of whether the state trial…
2Cases cited11 opinions
- Charles Harvey Joseph Franklin v. Dan Johnson, SuperintendentCourt of Appeals for the Ninth Circuit · 2002
- Anthony Lewis Whalem/hunt v. Rchard Early, WardenCourt of Appeals for the Ninth Circuit · 2000
- Kenneth Wayne Magouirk v. Michael Phillips, Warden, Winn Correctional Center and Richard P. Ieyoub, Attorney General, State of LouisianaCourt of Appeals for the Fifth Circuit · 1998
- Kou Lo Vang v. State of NevadaCourt of Appeals for the Ninth Circuit · 2003
- Ozzie Batchelor v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, James Redden, Solicitor General, Walter L. BarrCourt of Appeals for the Ninth Circuit · 1982
6 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- Gary Paul Cassett v. Terry L. Stewart, DirectorCourt of Appeals for the Ninth Circuit · 2005
- Kaczmarek v. RednourCourt of Appeals for the Seventh Circuit · 2010
- Randle v. CrawfordCourt of Appeals for the Ninth Circuit · 2010
- United States v. Moriel-LunaCourt of Appeals for the Ninth Circuit · 2009
- Heejoon Chung v. U.S. Bank, N.A.District Court, D. Hawaii · 2017
44 more not listed; retrieve them via the Exa API.