United States Ninth Circuit

In a second degree murder case, dismissal of a habeas petition as statutorily time-barred is affirmed where, because the California Supreme Court denied petitioner's state habeas petition as untimely, he was not entitled to tolling while his untimely petition was pending in state court.

Appellate Information

• Argued 11/13/2006
• Decided 02/15/2007
• Published 02/15/2007

Judges

• CANBY, Circuit Judge., Before CANBY, NOONAN, and PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard Dangler;  C. Roman Rector;  Sacramento, CA, for the petitioner-appellant.


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