Non Gamstop Casinos UKCasinos Not On GamstopNon Gamstop CasinosCasino Sites Not On GamstopCasino Sites Not On Gamstop
Home | Articles | Book Page | Links | Mike's Corner | Search | Studies | Contact Us
 

notice requirements of Rule 3(c)(1): it identified the judgment at issue, it specified the court to which the appeal would be taken, and it was delivered to both the district court and the opposing party. Moreover, Andrade filed it within 30 days of the entry of the district court judgment, thus satisfying the timeliness requirements of Rule 4(a)(1)(A). Because we conclude that Andrade's motion is the functional equivalent of a timely notice of appeal, we have jurisdiction to review this appeal. To the extent that our decision in Selph dictates otherwise, it is overruled in light of the Supreme Court's decision in Smith v. Barry, 502 U.S. 244. United States v. Gay, 967 F.2d 322, 327 (9th Cir. 1992) (noting that a three-judge panel may overrule the decision of a prior panel " `when an intervening Supreme Court decision undermines an existing precedent of the Ninth Circuit, and both cases are closely on point' ") (quoting United States v. Lancellotti, 761 F.2d 1363, 1366 (9th Cir. 1985)).9

III. STANDARD OF REVIEW

We review de novo a district court's decision to grant or deny a 28 U.S.C. � 2254 habeas petition. Bribiesca v. Galaza, 215 F.3d 1015, 1018 (9th Cir. 2000).

Because Andrade filed his petition on August 19, 1998, we review his petition under the provisions of the Antiterrorism and Effective Death Penalty Act, Pub. L. No. 104-132, 110 Stat. 1214 (Apr. 24, 1996) ("AEDPA"). Van Tran v. Lindsey, 212 F.3d 1143, 1148 (9th Cir. 2000). "Under AEDPA, we may reverse a state court's decision denying relief only if that decision is `contrary to, or involves an unreasonable application of, clearly established federal law as determined by the Supreme Court of the United States.' " Id. at 1149 (quoting 28 U.S.C. � 2254(d)(1)).


9Because we find that Andrade's motion for extension of time was the functional equivalent of a timely notice of appeal, we need not address his argument that the district court abused its discretion by denying his motion for extension of time without a proper analysis of excusable neglect.

15270

Next Page
 
Return to the Article Page
Back the Badge
return to the Home Page...
Return to Home Page
 
 
 

Great finds