United States Ninth Circuit

District court's denial of defendant's request for habeas relief from his convictions for continuous sexual abuse of a child and committing a lewd act upon a child as time-barred, is affirmed where: 1) defendant is not entitled to statutory tolling for the time gap or interval between the denial of his first superior court habeas petition and the filing of his second to the same court because he did not limit his second petition to an elaboration of the facts or simply attempt to correct deficiencies; and 2) defendant's alleged mental incompetence is insufficient to warrant equitable tolling because he did not meet his burden of showing that he could have filed a timely petition with the assistance he was receiving.

Appellate Information

• Decided 08/28/2012
• Published 08/28/2012

Judges

• Smith

Court

• United States Ninth Circuit

Counsel