· 9/10/1997
Stevie Lamar FIELDS, Petitioner-Appellant, v. Arthur CALDERON, Warden, Respondent-Appellee
Citations
- 125 F.3d 757
- 97 Cal. Daily Op. Serv. 7273
- 97 Daily Journal DAR 11757
- 1997 U.S. App. LEXIS 23737
- 1997 WL 559469
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the trigger date is the date the default occurred, not the date the rule was applied by the state court
- holding that the question of whether a state procedural bar is clear, consistently applied, 20 and well-established is determined as of the time the purported default occurred, not when a state 21 court applied the bar to a claim
- explaining that “the proper time for determining whether a procedural rule was firmly established and regularly followed is the time of [the] purported default”
- noting that Dixon “had been obscured” by inconsistent application over the years
- analyzing the adequacy of a procedural bar by reviewing the relevant time period “at the time the 27 claim should have been raised”
- discussing the exceptions that have been developed by the California Supreme Court following Dixon and In re Harris, 855 P.2d 391, 398–407 (Cal. 1993)
Source: CourtListener parenthetical corpus (CC0).
Judges: Pregerson, Wiggins, Nelson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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