United States Ninth Circuit

In an appeal from a judgment of the district court dismissing appellant's petition for habeas relief from his state convictions for murder and attempted murder as untimely, judgment is reversed where the state court's request for informal briefing from the people on appellant's state petition constituted a finding of timeliness and a final decision on the merits by that state courts such that appellant's federal petition, filed less than a month after the findings, is timely under the AEDPA.

Appellate Information

• Decided 09/14/2011
• Published 09/14/2011

Judges

Court

• United States Ninth Circuit

Counsel