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· 7/11/2002

Anthony Joseph Majoy v. Ernest C. Roe, Warden

Citations

  • 296 F.3d 770
  • 2002 Cal. Daily Op. Serv. 6156
  • 2002 Daily Journal DAR 7741
  • 2002 U.S. App. LEXIS 13912
  • 2002 WL 1477364

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • determining that petitioner’s “attempt to place blame on his previous attorney and to assign his reliance on that attorney 27 having made timely filing ‘impossible’ f[ell] short of the circumstances required to” demonstrate equitable tolling
  • discussing only the Schlup standard and requiring the district court to determine whether the petitioner could demonstrate a miscarriage of justice pursuant to Schlup
  • remanding because the district court failed to consider petitioner’s properly raised Schlup claim
  • “[I]f Dominguez's recantation is the familiar, untrustworthy, and unreliable about-face by a self-interested criminal, as argued by the Respondent and echoed by the California Court of Appeal in denying Majoy’s petition for a writ of habeas corpus, then Majoy's petition will have failed.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Trott, Fitzgerald

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.