Darnell LUCKY, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee

How courts have described this case

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

• noting that a habeas petitioner’s attorney could sign and verify the petition for the petitioner when counsel provided an affidavit explaining why petitioner was unable to do so
• indicating that the presumption of consent to petition filed by counsel without the petitioner's signature is rebutted by petitioner's failure to respond to counsel but that petitioner could later authorize it by showing that the petition is presently authorized
• “In the absence of evidence to the contrary, there is a presumption that a petitioner has been fully informed of, and has consented to, claims raised in the petition.”
• petitioner’s “repeated failures to 14 ||respond to his attorney in any way, combined with his lack of verification and signature, 15 ||rebutted the presumption that he consented to the petition.”

Source: CourtListener parenthetical corpus (CC0).