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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

Counsel

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