United States Ninth Circuit

Dismissal of a petition for writ of habeas corpus as untimely is affirmed where: 1) the district court did not err in determining the date upon which petitioner's direct appeal became final; 2) petitioner was not entitled to "gap tolling"; and 3) a state court decision terminating review began the AEDPA limitations period, not a later administrative mailing.

Appellate Information

• Argued 05/14/2007
• Decided 07/19/2007
• Published 07/19/2007

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael Bernays, Phoenix, AZ, argued the cause for the petitioner-appellant.   He also filed an opening brief and a reply brief.


• For Appellees:
  
• Alan L. Amann, Assistant Attorney General of Arizona, Criminal Appeals Section, argued the cause for the respondent-appellee and filed a brief.   Also on the brief were Terry Goddard, Attorney General of Arizona and Randall M. Howe, Chief Counsel of the Arizona Criminal Appeals Section.