BENNETT v. MUELLER

No. 00-56199.

273 F.3d 895 (2001)

Joseph Murl BENNETT, Petitioner-Appellant, v. Glen MUELLER, Warden; Cal Terhune, Director; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 29, 2001.


Attorney(s) appearing for the Case

Tina Long Perry, Attorney at Law, Whittier, California, for the petitioner-appellant.

Bill Lockyer, Attorney General of the State of California, Los Angeles, California, for respondents-appellees.

David P. Druliner, Chief Assistant Attorney General, Los Angeles, California, for respondents-appellees.

Marc E. Turchin, Acting Senior Assistant Attorney General, Los Angeles, California, for respondents-appellees.

Marc J. Nolan, Deputy Attorney General, Los Angeles, California, for respondents-appellees.

Gary A. Lieberman, Deputy Attorney General, Los Angeles, California, for respondents-appellees.

Before: BRUNETTI, RYMER, and WARDLAW, Circuit Judges.


WARDLAW, Circuit Judge:

Joseph Murl Bennett ("Bennett") appeals the district court's order adopting the Magistrate Judge's Report and Recommendation denying his Petition for Writ of Habeas Corpus on the state procedural ground of untimeliness. We must decide whether the district court erred in concluding that the California Supreme Court's denial of Bennett's petition "on the merits and for lack of diligence" constituted an independent and adequate state ground so...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases