Case Status

3 results

PLILER, WARDEN v. FORD, RICHARD H. (43513)

    Order dated: 01/09/04
    Docket number: 03-221
    Action:
        The motion of respondent for leave to proceed in forma pauperis is granted. The petition for writ of certiorari is granted.

PLILER, WARDEN v. FORD, RICHARD H. (43513)

    Order dated: 03/01/04
    Docket number: 03-221
    Action:
        The motion of respondent for appointment of counsel is granted. Lisa M. Bassis, Esq., of Los Angeles, California, is appointed to serve as counsel for the respondent in this case.

PLILER, WARDEN v. FORD, RICHARD H. (43513)

    Order dated: 04/16/04
    Docket number: 03-221
    Action:
        The motion of Federal Defenders in the Ninth Circuit for leave to file a brief as amicus curiae is granted. The motion of National Association of Criminal Defense Lawyers for leave to participate in oral argument as amicus curiae and for divided argument is denied.

A description of the questions presented by the case has been prepared:

(1) Whether the dismissal of a "mixed" habeas corpus petition is improper unless the district court informs the petitioner about the possibility of a stay of the proceeding pending exhaustion of state remedies and advises the petitioner with respect to the statute of limitations in the event of any refiling? (2) Whether a second, untimely habeas petition may relate back to a first habeas petition, where the first habeas petition was dismissed and the first proceeding is no longer proceeding?

An opinion has been handed down: