United States Ninth Circuit

The dismissal of petitioner's habeas petition as untimely is affirmed where: 1) the adequacy analysis used to decide procedural default issues was inapplicable to the issue of whether a state petition was "properly filed" for purposes of 28 U.S.C. section 2244(d)(2); and 2) petitioner's delay did not demonstrate the diligence required for application of equitable tolling.

Appellate Information

• Decided 04/07/2010
• Published 04/07/2010

Judges

Court

• United States Ninth Circuit

Counsel