Ross v. Williams

Brief of Amici Curiae National Association of Criminal Defense Lawyers and the Aoki Center for Critical Race and National Studies in Support of Petitioner-Appellant’s Petition for Rehearing En Banc

Brief filed: 10/11/2018


Ross v. Williams

9th Circuit Court of Appeals; Case No. 16-16533

Prior Decision

896 F.3d 958 (9th Cir. July 19, 2018)


The panel’s determination that the order was not incorporated by reference is contrary to the record and decisions of the Supreme Court and this Court. Under the habeas rules, the district court judge should be deemed to have found the petition sufficient when, after examination, he did not dismiss the petition, but instead ordered further proceedings. 


David Porter, NACDL, Sacramento, CA; Law Offices of Joel B. Rudin, P.C., New York, NY

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