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United States Ninth Circuit


JENKINS v. JOHNSON, 99-36194

A federal habeas petitioner's state-court petition for post-conviction was "properly filed" under the Antiterrorism and Effective Death Penalty Act's one-year limitations period, where a since-clarified ambiguity in Oregon law existed at the time of filing.

Appellate Information

  • Argued 03/07/2002
  • Decided 05/20/2003
  • Published 05/20/2003

Judges

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

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Steven T. Wax and Lisa Hay, Federal Public Defender's Office, Portland, OR, for the petitioner-appellant.

  • For Appellees:
  • Daniel J. Casey, Justice Department, State of Oregon, Salem, OR, for the respondent-appellee.
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