Legal Opinion
James Edward Smith v. J.M. Ratelle B. Kathleen Blanchard
Court of Appeals for the Ninth Circuit
Decided March 26, 2003No. 99-55824PublishedCited by 27 opinions
1Opinion of the Court
*815Opinion by Judge JAMES R. BROWNING; Dissent by Judge BEEZER.
JAMES R. BROWNING, Circuit Judge.
California state prisoner James E. Smith appeals the dismissal of his habeas corpus petition as barred by the one-year statute of limitations of the Anti Terrorism and Effective Death Penalty Act (AED-PA). We hold that Smith is entitled to equitable tolling because the district court erroneously dismissed his earlier, timely habeas petition without first giving him an opportunity to file an amended petition as an alternative to dismissal. We therefore reverse and remand.
I
Smith was convicted of first…
2Cases cited19 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Rose v. LundySupreme Court of the United States · 1982
- Duncan v. WalkerSupreme Court of the United States · 2001
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Andreas Kelly v. Larry Small, WardenCourt of Appeals for the Ninth Circuit · 2003
14 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Arthur Robbins, III v. Tom L. CareyCourt of Appeals for the Ninth Circuit · 2007
- Campbell v. HenryCourt of Appeals for the Ninth Circuit · 2010
- Douglas Ray Stankewitz v. Jeanne S. Woodford, Warden, San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 2004
- Willie Lee Jefferson v. Mike BudgeCourt of Appeals for the Ninth Circuit · 2005
- Michael D. Brambles v. W.A. Duncan, Warden C.A. Terhune, Director, California Department of CorrectionsCourt of Appeals for the Ninth Circuit · 2003
22 more not listed; retrieve them via the Exa API.