Lee v. Lampert
Citation | 633 F.3d 1176 |
Decision Date | 08 February 2011 |
Docket Number | No. 09–35276.,09–35276. |
Parties | Richard R. LEE, Petitioner–Appellee,v.Robert O. LAMPERT, Respondent–Appellant. |
Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
OPINION TEXT STARTS HEREStephen R. Sady, FPDOR—Federal Public Defender's Office, Portland, OR, for Petitioner–Appellee.Erin C. Lagesen, Assistant Attorney General, Carolyn Alexander, Esquire, Assistant
Attorney General, Oregon Department of Justice, Janet A. Klapstein, Assistant Attorney General, AGOR—Office of the Oregon Attorney General, Salem, OR, for Respondent–Appellant.
Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35–3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit.
Judge Murguia did not participate in the deliberations or vote in this case.
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Lee v. Lampert
...AEDPA's statute of limitations, and dismissed Lee's petition as time-barred. Id. at 1133–34. We granted rehearing en banc. Lee v. Lampert, 633 F.3d 1176 (9th Cir.2011). We review de novo the grant of a petition for habeas corpus. Paulino v. Harrison, 542 F.3d 692, 698 (9th Cir.2008).II Lee ......
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...8, 2011, the Ninth Circuit granted rehearing en banc in Lee v. Lampert, 610 F.3d 1125, 1133 (9th Cir. 2010), rehearing granted, 633 F.3d 1176 (9th Cir. 2011), to review a panel decision holding that the "actual innocence" exception to the statute of limitations does not exist. As per the or......