United States Ninth Circuit

In a murder prosecution, the dismissal of petitioner's habeas petition is affirmed where: 1) statutory tolling is unavailable for the 267 days at issue here because petitioner's final state habeas petition was deemed untimely under California law; and 2) even giving petitioner the benefit of equitable tolling for the time period prior to the court’s decision in Pace, petitioner's subsequent 141-day delay rendered his federal petition untimely by at least 128 days.

Appellate Information

• Decided 01/05/2011
• Published 01/05/2011

Judges

• J. Clifford Wallace

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark David Greenberg, Justin Riley