United States Ninth Circuit

Because the answer to prisoner's habeas petition failed to assert a statute of limitations defense, as required by FRCP rule 8(c), this defense was waived. Thus the district court lacked authority to dismiss the petition as time-barred.

Appellate Information

• Argued 10/10/2003
• Decided 01/20/2004
• Published 01/20/2004

Judges

• Before PREGERSON, BEAM, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Paula K. Harms, Assistant Federal Public Defender, Phoenix, AZ, for the petitioner-appellant.


• For Appellees:
  
• Cari McConeghy-Harris, Assistant Attorney General (argued) and Katia Mehu, Assistant Attorney General (brief), Phoenix, AZ, for the respondent-appellee.