United States Ninth Circuit

When a habeas petitioner challenging a state conviction amends his federal petition to include a new claim, the amendment relates back to the date of filing of his petition and therefore avoids the one-year limitation of the Antiterrorism and Effective Death Penalty Act.

Appellate Information

• Argued 11/04/2003
• Decided 08/09/2004
• Published 08/09/2004

Judges

• CANBY, Circuit Judge:, Before: CANBY, JR., W. FLETCHER, and TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David M. Porter, Assistant Federal Defender, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Mathew Chan, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.