United States Ninth Circuit

Trial court's denial of defendant's habeas petition as untimely is reversed because defendant has made a good-faith allegation that would, if true, entitle him to equitable tolling because of his mental incompetency during the period in which he could have timely filed.

Appellate Information

• Argued 11/05/2003
• Decided 12/05/2003
• Published 12/05/2003

Judges

• BERZON, Circuit Judge., Before PREGERSON, FERNANDEZ, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Cara DeVito, West Hills, CA, for the petitioner-appellant.


• For Appellees:
  
• David C. Cook, Deputy Attorney General, State of California, for the respondent-appellee.