United States Ninth Circuit

Dismissal of a petition for a writ of habeas corpus as untimely is reversed and remanded where petitioner was entitled to equitable tolling on the AEDPA's one-year statute of limitations. Equitable principles require tolling of the AEDPA's statute of limitations in the rare case where a petitioner relied on the circuit court's legally erroneous holding in determining when to file a federal habeas petition.

Appellate Information

• Argued 01/11/2008
• Decided 02/08/2008
• Published 02/08/2008

Judges

• BEEZER, Circuit Judge:, Before:  ROBERT R. BEEZER, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David Zuckerman (argued), Sheryl Gordon McCloud (briefed), Seattle, WA, for the petitioner-appellant., Timothy Foley, Washington, DC, for Amicus Curiae National Association of Criminal Defense Lawyers.


• For Appellees:
  
• Gregory J. Rosen, Olympia, WA, Assistant Attorney General, Criminal Justice Division, for the respondent-appellee.