United States Ninth Circuit

Under 28 USC 2244(d)(2) of the AEDPA, the one-year filing period tolls during the period between the filing of the initial habeas petition at the state supreme court and when that court rejected the petitioner's final challenge.

Appellate Information

• Decided 09/24/2001
• Published 09/24/2001

Judges

• Before SCHROEDER, Chief Judge, and PREGERSON, KOZINSKI, O'SCANNLAIN, TROTT, THOMAS, SILVERMAN, WARDLAW, PAEZ, TALLMAN, and CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David M. Porter, Assistant Federal Public Defender, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Janis Shank McLean, Deputy Attorney General, Sacramento, CA, for the respondent-appellee., Stan Cross, Supervising Deputy Attorney General, Sacramento, CA, for the respondent-appellee.