United States Ninth Circuit

The district court's denial of a writ of habeas corpus is vacated and the case remanded to the district court to determine whether a four-and-a-half-month delay between the denial of a first habeas petition in the California Superior Court and the filing of a second petition in the same court was reasonable in the context of the case under California law, so as to toll the one-year limitations period for filing the federal petition.

Appellate Information

• Decided 04/19/2012
• Published 04/19/2012

Judges

• Wallace

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• J. Bradley O’Connell, Pamela K. Critchfield