United States Ninth Circuit

The district court's order dismissing a federal habeas petition as untimely is vacated, because a habeas petitioner who decides when to file his federal habeas petition in accord with Ninth Circuit precedent that is later overturned by the U.S. Supreme Court is entitled to equitable tolling for the entire time he or she pursued state habeas petitions.

Appellate Information

• Decided 05/04/2012
• Published 05/04/2012

Judges

• Pregerson

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael Tanaka, David A. Wildman