United States Ninth Circuit

Dismissal of defendant's petition for a writ of habeas corpus from his conviction on counts related to robbery as untimely is reversed since defendant is entitled to equitable tolling where he was denied access to his legal materials for a period of time.

Appellate Information

• Argued 10/21/2005
• Decided 12/28/2005
• Published 12/28/2005

Judges

• SHADUR, Senior District Judge., Before TASHIMA and FISHER, Circuit Judges, and SHADUR, Senior District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Maria E. Stratton, Federal Public Defender;  Harry Simon, Deputy Federal Public Defender;  Federal Public Defender, Los Angeles, CA, for the petitioner-appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General;  Robert R. Anderson, Chief Assistant Attorney General;  Gary W. Schons, Senior Assistant Attorney General;  Gary W. Brozio, Supervising Deputy Attorney General;  Erika Hiramatsu, Deputy Attorney General;  Office of the Attorney General, San Diego, CA, for the respondent-appellee.