United States Ninth Circuit

A state prisoner's state habeas application that was dismissed by state courts as procedurally improper is a "properly filed application" under the Anti-Terrorism Effective Death Penalty Act and will toll the statute of limitations for filing a federal habeas petition.

Appellate Information

• Argued 05/04/1999
• Decided 03/28/2001
• Published 03/28/2001

Judges

• Before:  BROWNING, BEEZER and KLEINFELD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert C. Owen, Assistant Federal Public Defender, Seattle, Washington, for the petitioner-appellant.


• For Appellees:
  
• John J. Samson, Assistant Attorney General, Olympia, Washington, for the respondent-appellee.