(Download) "Herbst V. Cook" by Ninth Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free

March 01, 2021

eBook details

Title: Herbst V. Cook
Author : Ninth Circuit U.S. Court of Appeals
Release Date : January 10, 2001
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

Michael T. Herbst ("Herbst") pled guilty to arson in Oregon state court. His federal habeas corpus petition alleging, inter alia, ineffective assistance of counsel was denied sua sponte by the district court as time-barred pursuant to the one-year limitations period enacted under the Antiterrorism and Effective Death Penalty Act. ("AEDPA"). See 28 U.S.C. 2244(d). Herbst moved for reconsideration, but the district court summarily affirmed its initial order of dismissal. We conclude that the district court erred in sua sponte dismissing the petition as time-barred without providing the petitioner with prior notice and an opportunity to respond. We have jurisdiction under 28 U.S.C. 1291 and 2253, and we reverse.