United States Ninth Circuit

The district court's denial of a preconviction petition for habeas corpus on Speedy Trial grounds is affirmed, where: 1) Carden v. Montana, 626 F.2d 82 (9th Cir. 1980) applied Younger abstention to preclude the exercise of federal jurisdiction over a habeas corpus petition in which the petitioner raised a Speedy Trial claim as an affirmative defense to state prosecution; 2) the petitioner did not demonstrate extraordinary circumstances that would except him from the Carden rule; and 3) McNeely v. Blanas, 336 F.3d. 822 (9th Cir. 2003) did not alter the Carden rule and thus cannot serve as the basis for a habeas petitioner's claimed exemption from ordinary principles of abstention.

Appellate Information

• Decided 04/12/2012
• Published 04/12/2012

Judges

• Hug

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• J. Frank McCabe, Jill M. Thayer