United States Ninth Circuit

In a murder prosecution, dismissal of a habeas petition as untimely is affirmed where: 1) the Nevada Supreme Court's order dismissing petitioner's appeal as untimely did not constitute "the conclusion of direct review" pursuant to 28 U.S.C. section 2244(d)(1)(A); and 2) even with the benefit of statutory tolling pursuant to Section 2244(d)(2), petitioner's petition was untimely by 192 days.

Appellate Information

• Argued 03/09/2009
• Decided 08/25/2009
• Published 08/25/2009

Judges

• WALLACE, Senior Circuit Judge:, Before J. CLIFFORD WALLACE, SIDNEY R. THOMAS and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Franny A. Forsman, Federal Public Defender, and John C. Lambrose, Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.


• For Appellees:
  
• Catherine Cortez Masto, Attorney General, and Dennis C. Wilson, Deputy Attorney General, Las Vegas, NV, for the respondents-appellees.