Skip to main content
· 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 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.