United States Ninth Circuit

In determining whether a federal habeas petition is timely, an appellate court may rely on the file stamped dates and mailing declarations on state habeas petitions filed as exhibits to the federal petition. (Amended opinion)

Appellate Information

• Decided 12/19/2001
• Published 07/17/2002

Judges

• Before REINHARDT, HAWKINS and RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• George C. Boisseau, Santa Rosa, CA, for the petitioner-appellant.


• For Appellees:
  
• Dane R. Gillette, Senior Assistant Attorney General of the State of California, San Francisco, CA, for the respondent-appellee.