United States Ninth Circuit

In a prosecution for possession of a sharp instrument by a state prisoner, the dismissal of petitioner's habeas petition is reversed where equitable tolling is permissible when a petitioner can show a mental impairment so severe that petitioner was unable personally either to understand the need to timely file or prepare a habeas petition, and that impairment made it impossible under the totality of the circumstances to meet the filing deadline despite petitioner's diligence.

Appellate Information

• Decided 12/08/2010
• Published 12/08/2010

Judges

• Timothy M. Tymkovich

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marylou Hillberg, Robert Gezi