Huggins

Huggins v. Martel

Good Law
United States District Court, Northern District of CaliforniaMay 4, 20213:06-cv-07254California442 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

MICHAEL JAMES HUGGINS, Case No. 06-07254 YGR

Petitioner,

ORDER REGARDING PROPOSED BRIEFING

vs. SCHEDULE

RON BROOMFIELD, Warden of San Quentin State Prison 10 Respondent. 11 Pursuant to the Court’s Order of January 15, 2021, the parties have submitted a proposed 12 briefing schedule to address petitioner’s remaining habeas claims following Alameda County Superior Court’s vacatur of his death sentence on December 15, 2020. (ECF Doc. No. 86) 15 Petitioner proposes that he file an amended petition by December 10, 2021. He asserts that 16 pursuant to Smith v. Williams, 871 F.3d 684 (9th Cir. 2017), the state court’s intervening judgment 17 triggers a renewed limitations period for any federal habeas claims arising from his convictions and sentences, and that the new limitations period expires on December 15, 2021. 20 In Smith, the Ninth Circuit held that an amended judgment of conviction is considered a new 21 judgment, starting a new one-year limitations period under 28 U.S.C. § 2244(d). Id. at 688; but see 22 Magwood v.…

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