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Evans Vs. Chavis

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  • US Supreme Court
  • Jan 10, 2006

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34 entries 2 linked 32 unlinked
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  1. Harris Vs. Reed US Supreme Court · Feb 22, 1989
    Relied / Followed
  2. Carey Vs. Saffold US Supreme Court · Feb 27, 2002
  3. Syllabus October Term, 2005 Evans V. Chavis
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  4. In Carey v. Saffold
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  5. Souter, Thomas, and Ginsburg, JJ., joined. Stevens, J., filed an opinion concurring in the judgment. Evans v. Chavis
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  6. Opinion of the Court Evans V. Chavis
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  7. Supreme Court of the United States No. 04-721 Mike Evans, Acting Warden, Petitioner V. Reginald
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  8. filing of a notice of appeal, provided that the filing of the notice of appeal is timely under state law. Carey v. Saffold
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  9. s request for appellate review made three years after the lower state court ruled against him. Chavis v. LeMarque
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  10. s system, Carey v. Saffold
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  11. supra , and we therefore reverse its judgment. I We begin with our holding in Carey v. Saffold
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  12. timely a petition for review filed four years after the lower court reached its decision. Ibid. (citing Welch v. Newland
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  13. Saffold v. Carey
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  14. petition without comment or citation , we have long treated the denial as a decision on the merits . Hunter v. Aispuro
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  15. see also Delhomme v. Ramirez
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  16. F. 3d 1031 (2002). Hunter v. Aispuro
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  17. in Saffold , and in any event concerned an entirely different issue of federal habeas corpus law. Delhomme v. Ramirez
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  18. and the case is remanded for further proceedings consistent with this opinion. It is so ordered. Evans v. Chavis
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  19. Stevens, J., Concurring in Judgment Evans V. Chavis
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  20. Ibid. (citing Carey v. Saffold
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  21. to the tolling issue rather than to the 4 1 2-month delay that had preceded his most recent filing. See Saffold v. Carey
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  22. internal quotation marks omitted). This practice is consistent with the rule of Michigan v. Long
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  23. resorted to a presumption to reflect the role intended for such orders by the state court that issued it. See Ylst v. Nunnemaker
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  24. federal claims in California courts were filed within a reasonable time as a matter of California law. Cf. Brooks v. Walls
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  25. See Tr. of Oral Arg. 31. Footnote 3 Orders resting on alternative grounds, such as the one in Carey v. Saffold
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  26. Mike Evans, Acting Warden, Petitioner V. Reginald
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  27. Chavis v. LeMarque
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  28. Welch v. Newland
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  29. Hunter v. Aispuro
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  30. Delhomme v. Ramirez
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  31. See Saffold v. Carey
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  32. of Michigan v. Long
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  33. See Ylst v. Nunnemaker
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  34. Cf. Brooks v. Walls
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