· 5/3/1999
Manuel Pina Babbitt v. Jeanne Woodford, Acting Warden, California State Prison at San Quentin
Citations
- 177 F.3d 744
- 99 Cal. Daily Op. Serv. 3371
- 99 Daily Journal DAR 4379
- 1999 U.S. App. LEXIS 8765
- 1999 WL 285808
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- denying the second or successive application for failure to meet the due diligence prong and noting that the actual innocence prong need not be addressed
- holding § 2244(b)(2)(B)(ii) encompasses death-sentence challenges
- ineffective assistance claim based on counsel's 6 alcohol abuse successive of claim that counsel failed to present Post Traumatic Stress Disorder 7 claim
- “[W]e will not consider new factual grounds in support of the same legal claim that was previously presented.”
- black petitioner failed to exercise due diligence where his counsel's failure to question an all-white jury about their potential race bias put him on notice that his counsel might , himself , harbor racial animus
- black petitioner failed to exercise due diligence where his counsel’s failure to question an all-white jury about their potential race bias put him on notice that his counsel might, himself, harbor racial animus
Source: CourtListener parenthetical corpus (CC0).
Judges: Brunetti, Thompson, Hawkins
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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