United States Ninth Circuit

The district court's order dismissing as untimely Nevada state prisoner Rudinn's 28 U.S.C. section 2254 habeas petition challenging her conviction of murder with the deadly use of a weapon and unauthorized surreptitious intrusion of privacy by listening device is reversed, where: 1) because the Nevada State Supreme Court concluded that Rudin's state post-conviction petition was untimely under state law, Rudin is not entitled to statutory tolling under 18 U.S.C. section 2244(d)(2) for the duration of her state post-conviction proceedings; 2) Rudin is entitled to equitable tolling of the Antiterrorism and Effective Death Penalty Act (AEDPA) statute of limitations due to extraordinary circumstances that prevented her from filing her application for federal habeas relief, as the first attorney to represent Rudin in collateral review proceedings abandoned her, and Rudin was diligent in pursuing her rights; and 3) Rudin remains entitled to statutory tolling of the federal clock.

Appellate Information

• Decided 03/10/2015
• Published 03/10/2015

Judges

• Murguia

Court

• United States Ninth Circuit

Counsel