United States Ninth Circuit

In a prosecution for kidnapping with the intent to commit rape and/or sodomy and one count of sodomy, a denial of petitioner's habeas petition is affirmed where the statute of limitations applicable to the petition was not tolled because petitioner's delay was not reasonable, nor was it consistent with the short periods of time permitted by most states and envisioned by the Supreme Court in reaching its decisions in Saffold and Chavis.

Appellate Information

• Argued 05/06/2010
• Decided 06/17/2010
• Published 06/17/2010

Judges

• Before DIARMUID F. O'SCANNLAIN and RICHARD C. TALLMAN, Circuit Judges, and FREDERIC BLOCK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis A. Fischer (argued) and John M. Bishop, Santa Monica, CA, for petitioner-appellant Del Banjo.


• For Appellees:
  
• Edmund G. Brown Jr., Attorney General of California, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Xiomara Costello, Supervising Deputy Attorney General, and Daniel C. Chang, Deputy Attorney General (argued), Los Angeles, CA, for respondent-appellee Robert L. Ayers, Jr., Warden, San Quentin Prison.