United States Ninth Circuit

A prisoner is not entitled to statutory tolling under the AEDPA for time during which he could have filed a petition for writ of certiorari with the US Supreme Court or the Supreme Court of Guam, because neither are state applications for review, which triggers tolling.

Appellate Information

• Argued 11/06/2001
• Decided 02/20/2002
• Published 02/20/2002

Judges

• Before THOMPSON, O'SCANNLAIN, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Elizabeth A. Fisher, Honolulu, HI, for the petitioner.


• For Appellees:
  
• Tricia R.S. Ada (argued), Deputy Attorney General, Angela M. Borzachillo, Assistant Attorney General, Hagatna, GU, for the respondent.