United States Ninth Circuit

Denial of of 28 U.S.C. section 2254 habeas corpus petition on grounds that the petition was time-barred is reversed and remanded where by granting review of a previous petition for review of a denial order of his motion to recall the remittitur and reinstate his appeal based on Cunningham v. California, 549 U.S. 270 (2007), the California Supreme Court reopened direct review and made petitioner's conviction again capable of modification through direct appeal.

Appellate Information

• Argued 03/06/2012
• Decided 06/07/2012
• Published 06/07/2012

Judges

• Before HARRY PREGERSON, RONALD M. GOULD, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Geoffrey M. Jones, Fairfax, CA, for the petitioner-appellant.


• For Appellees:
  
• Rama R. Maline, Office of the California Attorney General, Los Angeles, CA, for the respondent-appellee.