Book updates to PCN

HABEAS CORPUS - FEDERAL - EXPANSION OF RECORD

Cooper-Smith v. Palmateer, 397 F.3d 1236 (9th Cir. Feb. 16, 2005) (district court properly refused petitioners request to expand the record under Rule 7 of rules governing 28 U.S.C. section 2254 cases with his own declaration, on the grounds that petitioner had failed to comply with section 2254(e)(2), requiring that petitioner show the factual predicate could not have been discovered previously).

jurisdiction: 
Ninth Circuit

POST CON - HABEAS - STATUTE OF LIMITATIONS - AMENDMENT RELATES BACK TO DATE OF ORIGINAL FILING

Felix v. Mayle, 379 F.3d 612 (9th Cir. Aug. 09, 2004) (amendment to habeas petition to include new claim relates back to date of filing of original petition, and therefore avoids one year limitation under AEDPA).

jurisdiction: 
Ninth Circuit

GUILTY PLEAS - HABEAS - HEARING REQUIRED

United States v. Howard, ___ F.3d ___ (9th Cir. Aug. 25, 2004) (district court should have permitted defendant to develop these claims on habeas petition more fully in an evidentiary hearing; claim must be "so palpably incredible or patently frivolous as to warrant summary dismissal" to justify refusal of an evidentiary hearing); citing United States v. Leonti, 326 F.3d 1111, 1116 (9th Cir. 2003) (quoting United States v. Schaflander, 743 F.2d 714, 717 (9th Cir. 1984)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0216228p.pdf

jurisdiction: 
Ninth Circuit

POST CON - HABEAS - EXHAUSTION REQUIREMENT

Sayyah v. Farquharson, ___ F.3d ___, 2004 WL 1921824 (1st Cir. Aug. 30, 2004) (bar judicial review of final removal orders unless noncitizen has exhausted all administrative remedies to which s/he has a right, under 8 U.S.C. 1252(d), applies to bar habeas corpus petitions as to unexhausted claims).

jurisdiction: 
First Circuit

POST-CONVICTION RELIEF - FEDERAL - HABEAS

United States v. Battles, __ F.3d __ (9th Cir. March 30, 2004) (Equitable tolling applies to one year time limitation in 28 U.S.C. 2255).
http://caselaw.lp.findlaw.com/data2/circs/9th/0015134p.pdf

jurisdiction: 
Ninth Circuit

POST CONVICTION RELIEF - HABEAS - FEDERAL HABEAS - STATE CONVICTION - WARNING TO PRO SE PLAINTIFF

Pliler v. Ford, 124 S.Ct. 2441 (June 21, 2004) (no requirement that district court warn pro se plaintiff bringing habeas petition that it could not consider motions to stay unless plaintiff dismissed unexhausted claims, or that if he chose to dismiss the claims, they would be time-barred if raised in the future).
http://laws.lp.findlaw.com/us/000/03221.html

jurisdiction: 
US Supreme Ct

POST CON RELIEF - FEDERAL - HABEAS - STATUTE OF LIMITATIONS - TOLLING - PROPERLY FILED PETITION

Bonner v. Carey, ___ F.3d ___ (9th Cir. Mar. 7, 2006) (California Superior Court denied state petition as untimely when it said that petitioner could have raised the claims in an earlier petition and that there "[wa]s no reason stated for any delay in this regard"; petition was thus never "properly filed" for purposes of the tolling provision of the Antiterrorism and Effective Death Penalty Act of 1996).

jurisdiction: 
Ninth Circuit

POST CON RELIEF - HABEAS CORPUS - FEDERAL - STATUTE OF LIMITATIONS - TOLLING BETWEEN STATE PETITIONS

Evans v. Chavis, ___ U.S. ___ (Jan. 10, 2006) (though California has no statutory period for filing a challenge to a denial of a habeas petition, three-year delay between adverse ruling and request for appellate review was not a "reasonable time" within the meaning of In re Harris (1993) 5 Cal.4th 813, 828, n.7; state high court's denial "on the merits" did not mean that it considered the petition timely; Supreme Court suggests that the California court might define what it means by "reasonable time," and strongly suggests that 30 to 60 days are the magic numbers).

jurisdiction: 
US Supreme Ct

POST CON RELIEF - HABEAS - FEDERAL - REVIEW OF STATE CONVICTION PRECLUDED SINCE STATE PETITION REJECTED BY STATE COURT AS UNTIMELY IS NOT PROPERLY FILED UNDER 28 U.S.C. 2244(d)(2), AND THEREFORE DOES NOT TOLL THE 1-YEAR AEDPA STATUTE OF LIMITATIONS FOR F

Pace v. DiGuglielmo, ___ U.S. ___, 2005 WL 957194 (April 27, 2005) (federal habeas review of state conviction precluded since state petition rejected by state court as untimely is not properly filed under 28 U.S.C. 2244(d)(2), and therefore does not toll the 1-year AEDPA statute of limitations for filing a federal habeas corpus petition).
http://laws.findlaw.com/us/000/03-9627.html

jurisdiction: 
US Supreme Ct

HABEAS CORPUS - FEDERAL - INTERVAL TOLLING

Gaston v. Palmer, 387 F.3d 1004 (9th Cir. Oct. 28, 2004) (petitioner entitled to tolling during time six separate state habeas petitions were pending, including intervals between the dismissal of one application and the filing of next one, because there is no strict time limit on the filing of habeas petitions in the different courts; intervals as long as 307 and 282 days were entitled to interval tolling).

jurisdiction: 
Ninth Circuit

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