Opinion · Court of Appeals for the Ninth Circuit
Bruce L. Franzen v. Brinkman, Warden
877 F.2d 26
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1989-06-08
- Topic
- general
finding that errors in the PCR process do not represent an attack on the 24 constitutionality of the prisoner’s detention | agreeing with the majority view and holding that “a petition alleging errors in the state post-conviction review process is not addressable through habeas corpus proceedings” | dismissing habeas petition alleging that errors in state postconviction proceeding violated due process rights, but noting that “dismissal would not prejudice [defendant’s] ability to bring a claim under 42 U.S.C. § 1983” | “A [habeas corpus] petition alleging errors in the state post-conviction review 4 process is not addressable through habeas corpus proceedings.” | “A [habeas corpus] 13 petition alleging errors in the state post-conviction review process is not addressable through 14 habeas corpus proceedings.” | “a petition alleging 13 errors in the state post-conviction review process is not addressable through habeas 14 15 corpus proceedings” | “[A] petition alleging errors in the state 18 post-conviction review process is not addressable through habeas corpus 19 proceedings.” | “[A] petition alleging errors in 9 the state post-conviction review process is not addressable through [federal] habeas corpus 10 proceedings.” | “a petition alleging errors in the state post-conviction review process is not addressable through 9 habeas corpus proceedings” | “[A] petition alleging errors in the state post-conviction review process is not addressable through habeas corpus proceedings.”’ | “[A federal habeas] petition alleging errors in the state post- 5 || conviction review process is not addressable through habeas corpus proceedings.’’ | “a petition alleging errors in the state post- 20 conviction review process is not addressable through habeas corpus proceedings” | “a petition alleging errors in the state post-conviction review process is not 1 addressable through habeas corpus proceedings” | “A petition alleging errors in the state 20 post-conviction review process is not addressable through habeas corpus proceedings.” | “[A] petition alleging errors 25 in the state post-conviction review process is not addressable through habeas corpus 26 proceedings.” | errors arising in post-conviction proceedings are not cognizable in federal habeas 17 proceedings because they do not represent an attack on Petitioner’s detention | a claim that a state court delay of over a year in deciding his petition for state post-conviction relief violated his due process rights is not cognizable | “We join the majority [of 4 circuits] and affirm the district court’s holding that a petition alleging errors in the state post- 5 conviction review process is not addressable through habeas corpus proceedings.” | delay in state habeas 20 proceeding not addressable in federal habeas
Citator
- Cited by
- 84 opinions
No appearance for respondents-appellees.
[2] A habeas petition must allege the petitioner's detention violates the constitution, a federal statute, or a treaty.28 U.S.C. § 2241(c)(3);Rose v. Hodges,423 U.S. 19, 21, 96 S.Ct. 175, 177, 46 L.Ed.2d 162 (1975) (per curiam). Whether errors in a state post-conviction review proceeding are addressable through federal habeas corpus is an issue of first impression in this circuit. Four circuits have held they are not.1Only one circuit has held to the contrary.Dickerson v. Walsh,750 F.2d 150, 153-54 (1st Cir. 1984).
[3] We join the majority and affirm the district court's holding that a petition alleging errors in the state post-conviction review process is not addressable through habeas corpus proceedings.
[4] AFFIRMED.Page 27
- The panel finds this case appropriate for submission without oral argument pursuant to Ninth Circuit Rule 34-4 and Fed.R.App.P. 34(a). ↩
- See Hopkinson v. Shillinger,866 F.2d 1185, 1218-20 (10th Cir. 1989);Millard v. Lynaugh,810 F.2d 1403, 1410 (5th Cir. 1987);Kirby v. Dutton,794 F.2d 245, 247-48 (6th Cir. 1986);Mitchell v. Wyrick,727 F.2d 773, 774 (8th Cir. 1984) (per curiam);see also United States ex rel. Curtis v.Illinois,521 F.2d 717, 721 (7th Cir. 1975) (dicta). ↩