United States Ninth Circuit

A California Supreme Court minute order denying a habeas petition "for lack of diligence" did not mean the petition was untimely, and petitioner is entitled to tolling for the period in question, thus a federal habeas petition should be reviewed on the merits. (Amended opinion)

Appellate Information

• Decided 12/04/2002
• Published 01/14/2003

Judges

• Before B. FLETCHER, CANBY, and O'SCANNLAIN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Tony Eugene Saffold, Avenal, CA, Mary Katherine McComb, Davis, CA, for Petitioner-Appellant.


• For Appellees:
  
• Stanley A. Cross, AAG, Attorney General's Office, Sacramento, CA, for Respondent-Appellee.