United States Ninth Circuit
Orthel v. Yates, 12-17165
Denial of petition for habeas corpus relief from conviction of is affirmed where the district court: 1) did not clearly err in finding that petitioner possessed the sufficient mental competence to understand the need to timely file a petition and to personally prepare and effectuate a filing; 2) did not err in determining that petitioner did not establish an exceptional circumstance that would warrant equitable tolling of AEDPA's one-year statute of limitations; and 3) did not abuse its discretion in deciding not to hold an evidentiary hearing.
Appellate Information
- Decided 07/28/2015
- Published 07/28/2015
Judges
- Hawkins
Court
- United States Ninth Circuit