[DOWNLOAD] "Textile Unlimited, Inc. v. A. BmHand Co., Inc." by Ninth Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free

July 25, 2021

eBook details

Title: Textile Unlimited, Inc. v. A. BmHand Co., Inc.
Author : Ninth Circuit U.S. Court of Appeals
Release Date : January 14, 2001
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 70 KB

Description

Tracy Petrocelli, a Nevada state prisoner under sentence of death, appeals the district courts dismissal of his petition for a writ of habeas corpus asserting 28 grounds of relief. Petitioner argues that the district court erred in holding that: (1) petitioner had procedurally defaulted grounds 14-25; (2) he had abused the writ with respect to grounds 6, 9, and 26-28; and (3) grounds 1 and 12 were meritless. The district court had jurisdiction pursuant to 28 U.S.C. SS 1331 and 2241. Our jurisdiction rests on 28 U.S.C. SS 1291 and 2253. In light of the Supreme Courts recent holding in Slack v. McDaniel, 120 S. Ct. 1595, 1603 (2000), we vacate our earlier order granting a certificate of probable cause ("CPC") and treat petitioners notice of appeal as a request for a certificate of appealability ("COA"). See id.; Schell v. Witek, 218 F.3d 1017, 1021 n.4 (9th Cir. 2000) (en banc). We conclude that petitioner has presented valid arguments in favor of a COA on all of the appealed grounds (1, 6, 9, 12, and 14-28), and we accordingly grant COAs as to all of them. We affirm on the merits the district courts denial of relief on grounds 1 and 12. We reverse the district courts rulings that the remaining certified grounds (6, 9, and 14-28) are procedurally barred, and we remand for further proceedings with respect to each of those grounds.

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