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Lyons v. Crawford

United States Court of Appeals, Ninth Circuit
Nov 13, 2000
247 F.3d 904 (9th Cir. 2000)

Summary

holding that a petitioner may "make the federal basis of claim explicit either by citing federal law or the decisions of federal courts"

Summary of this case from Oliphant v. Mendoza-Powers

Opinion

No. 99-17351.

Submitted August 7, 2000.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed November 13, 2000. Amended April 25, 2001.

Danice Arbor Johnson, Assistant Federal Public Defender, Las Vegas, Nevada, for the petitioner-appellant.

Dorothy Nash Holmes, Deputy Attorney General, Carson City, Nevada, for the respondent-appellee.

Appeal from the United States District Court for the District of Nevada; Edward C. Reed, Jr., District Judge, Presiding. D.C. No. CV-98-00455-ECR.

Before: O'SCANNLAIN, LEAVY, and GOULD, Circuit Judges.



ORDER

The opinion filed November 13, 2000 [ 232 F.3d 666], is hereby ordered amended as follows:

Slip Op. at 14430: Delete "AFFIRMED" and add the following new paragraphs to the end of the opinion:

"Nevertheless, because Lyons's habeas petition included a number of exhausted claims which the district court dismissed without prejudice at Lyons's request, we remand this action to the district court to provide Lyons with the opportunity to proceed on such exhausted claims only.

AFFIRMED and REMANDED."

Except as herein modified, the panel has voted unanimously to deny the Petition for Rehearing. Judge Gould and Judge O'Scannlain have voted to reject the Suggestion for Rehearing En Banc and Judge Leavy so recommends.

The full court was advised of the Suggestion for Rehearing En Banc. A judge of this court requested a vote on whether to rehear the matter en banc. The matter failed to receive a majority of the votes of the nonrecused active judges in favor of en banc consideration.

The Petition and the Suggestion are thus DENIED.

The mandate shall issue forthwith.


Summaries of

Lyons v. Crawford

United States Court of Appeals, Ninth Circuit
Nov 13, 2000
247 F.3d 904 (9th Cir. 2000)

holding that a petitioner may "make the federal basis of claim explicit either by citing federal law or the decisions of federal courts"

Summary of this case from Oliphant v. Mendoza-Powers

holding that general references to insufficiency of evidence, the right to be tried by an impartial jury and ineffective assistance of counsel, lacked the specificity and explicitness required to present federal claim

Summary of this case from Viola v. Escapule

holding that fair presentation requires the petitioner make explicit the federal basis of the claim and cite supporting law

Summary of this case from Moyaert v. Stearnes

holding that fair presentation requires the petitioner make explicit the federal basis of the claim and cite supporting law

Summary of this case from Elias v. Trujillo

explaining that a general reference to insufficiency of evidence, right to be tried by impartial jury and ineffective assistance of counsel lacked the specificity and explicitness required to present federal claim

Summary of this case from White v. Ryan

stating that the law in this Circuit requires petitioners to "make the federal basis of the claim explicit either by specifying particular provisions of the federal Constitution or statutes, or by citing to federal case law."

Summary of this case from Higgins v. Hedgpeth
Case details for

Lyons v. Crawford

Case Details

Full title:Phillip Jackson LYONS, Petitioner-Appellant, v. Jackie CRAWFORD…

Court:United States Court of Appeals, Ninth Circuit

Date published: Nov 13, 2000

Citations

247 F.3d 904 (9th Cir. 2000)

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