Donald Kenneth Fetterly v. David Paskett, Warden, Idaho State Prisons and Jim Jones, Attorney General of the State of Idaho

How courts have described this case

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

• holding that it was an abuse of discretion for a district court not to stay an exhausted petition pending exhaustion of a newly discovered claim
• recognizing the encumbrances that attach to subsequent petitions and noting the growing tendency of the Supreme Court to “shut the door” on second petitions
• \the failure of a state to abide by its own statutory commands may implicate a liberty interest protected by the Fourteenth Amendment against arbitrary deprivation by a state\
• \the failure of a state to abide by its own statutory commands may implicate a liberty interest pr otected by the Fourteenth Amendment against arbitrary deprivation by a state\
• “[T]he failure of a state to abide by its own 5 statutory commands may implicate a liberty interest protected by the Fourteenth 6 Amendment against arbitrary deprivation by a state.”
• “[T]he failure of a state to abide by its own statutory commands may implicate a liberty interest protected by the Fourteenth Amendment against arbitrary deprivation by a state, [and] Ninth Circuit precedent generally supports this proposition.”

Source: CourtListener parenthetical corpus (CC0).