United States Ninth Circuit

In a petition for habeas relief of under 28 U.S.C. section 2254, the District Court's dismissal as time-barred is affirmed where: 1) petitioner is not entitled to delayed commencement of the one-year statute of limitations under the Antiterrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. sections 2241 et seq., because the factual predicate of his claims could have been discovered had he exercised due diligence at his trial; and 2) petitioner is not entitled to equitable tolling because he did not exercise reasonable diligence, and no extraordinary circumstance prevented the timely filing of his claims.

Appellate Information

• Decided 07/02/2012
• Published 07/02/2012

Judges

• M. SMITH

Court

• United States Ninth Circuit

Counsel