United States Ninth Circuit

Order dismissing petitioner's habeas petition as untimely is reversed and remanded, where, in the context of California misdemeanants who are required to file a state habeas petition in order to reach the state court of last resort and fully exhaust their claim before seeking relief in federal court, finality for the purposes of AEDPA occurs once the California Supreme Court denies their state habeas petition and SCOTUS denies certiorari or the 90-day period for filing a petition for certiorari expires.

Appellate Information

• Decided 09/10/2014
• Published 09/10/2014

Judges

• Duffy

Court

• United States Ninth Circuit

Counsel