United States Ninth Circuit

In a state prosecution for being a felon in possession of a firearm, a denial of petitioner's habeas petition is vacated where further development of the facts may ultimately show that petitioner was or was not entitled to equitable tolling because of lack of diligence or because his former attorney's egregious conduct did not prevent petitioner from filing a timely federal petition.

Appellate Information

• Argued 11/06/2009
• Decided 07/29/2010
• Published 07/29/2010

Judges

• William T. Hart

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Arthur H. Weed, David Delgado-Rucci