Case Citator › Jesus Nino v. George Galaza, Warden Attorney General of the State of California

Jesus Nino v. George Galaza, Warden Attorney General of the State of California

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
183 F.3d 1003
Decided
Confirmed treatments
1
Flagged citations read
57 of 57
Citing cases (total)
57
Treatment dates
2012

Status

Overruled in part
A reviewed court has overruled part of this case’s holding. Nino v. Galaza was overruled in part as to tolling during unreasonable delays between California state habeas filings. In Nedds v. Calderon, the Ninth Circuit held that Carey v. Saffold displaced that part of Nino's rule.
More on how this was screened

Courts continue to apply Nino to properly pursued state review and to the period before the first state collateral filing. All 57 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

57 later cases cite Jesus Nino v. George Galaza, Warden Attorney General of the State of California; 57 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Jesus Nino v. George Galaza, Warden Attorney General of the State of California?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Ninth Circuit held that Nino no longer allows tolling during an unreasonable delay between California state habeas filings.

    Nedds v. Calderon · Ninth Circuit · filed

    In Saffold, the Court implicitly overruled Nino
    Read the full opinion on CourtListener →

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