United States Ninth Circuit

Dismissal of an untimely habeas corpus petition claiming actual innocence as to some of the counts of petitioner's conviction is: 1) reversed in part and remanded as to the count of compelling prostitution because actual innocence excused the untimeliness of the petition; but 2) affirmed in part as to the remaining counts for rape, sodomy and sexual abuse, because petitioner has not demonstrated actual innocence as to them.

Appellate Information

• Decided 02/13/2014
• Published 02/13/2014

Judges

• FLETCHER

Court

• United States Ninth Circuit

Counsel