United States Ninth Circuit

Under 28 USC 2244(d)(2) of the AEDPA, the failure of a state appellate court to unconditionally terminate review of state habeas petition does not necessarily make the case "pending" to toll the statute of limitations.

Appellate Information

• Argued 08/07/2001
• Decided 09/05/2001
• Published 09/05/2001

Judges

• TASHIMA, Circuit Judge:, Before:  TASHIMA and TALLMAN, Circuit Judges, and MOLLWAY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gerald R. Smith, Federal Defenders of Eastern Washington and Idaho, Spokane, Washington, for the petitioner-appellant.


• For Appellees:
  
• Diana M. Sheythe, Assistant Attorney General, Olympia, Washington, for the respondent-appellee.