1. Home
  2. Browse Decisions
  3. F.3d
  4. 350 F.3d
  5. 350 F.3d 1079 (2003)
 

WELCH v. CAREY

No. 00-15366.

350 F.3d 1079 (2003)

Thomas James WELCH, Petitioner-Appellant, v. Thomas CAREY, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 5, 2003.

Attorney(s) appearing for the Case

David M. Porter, Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.

Janis Shank McLean, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Stan Cross, Supervising Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Before Mary M. SCHROEDER, Chief Judge, and Harry PREGERSON, Alex KOZINSKI, Diarmuid F. O'SCANNLAIN, Stephen S. TROTT, Sidney R. THOMAS, Barry G. SILVERMAN, Kim McLane WARDLAW, Richard A. PAEZ, Richard C. TALLMAN, and Consuelo M. CALLAHAN, Circuit Judges.

Argued and Submitted En Banc September 18, 2003 — San Francisco, California.

OPINION

TROTT, Circuit Judge:

It is well-settled that the timeliness of a petition for post-conviction relief filed in state court is governed by state law. However, the circumstances under which a state petition will be deemed "pending" for purposes of 28 U.S.C. § 2244(d)(2) is a federal question. In this case, the petitioner filed a state habeas petition in...

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