United States Ninth Circuit

Amendment to a conditional writ of habeas corpus granting the state an additional month in which to release the petitioner, order a new trial or modify his sentence is reversed where, although the district court has the authority to modify a conditional writ of habeas corpus after the time provided in the order has lapsed, such modifications may only be made pursuant to the Rules of Civil Procedure, and in this instance the state failed to demonstrate that relief under Rule 60 is warranted.

Appellate Information

• Decided 03/27/2008
• Published 03/27/2008

Judges

• Before:  JOHN R. GIBSON,A. WALLACE TASHIMA, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Scott A. Sugarman, Sugarman & Cannon, San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• Jeremy E. Friedlander, Deputy Attorney General, State of California, San Francisco, CA, for the respondent-appellee.