United States Ninth Circuit

Dismissal of a state prisoner's habeas corpus petition as untimely is reversed where the prisoner's application for review of sentence was "pending" for purposes of 28 U.S.C. section 2244(d)(2) during the time that the Sentence Review Division (SRD) of the Montana Supreme Court held it in abeyance so he could seek other state collateral review, and ADEPA's statute of limitations was therefore tolled after the SRD held the prisoner's applications in abeyance but before he filed for other state relief.

Appellate Information

• Decided 08/05/2015
• Published 08/05/2015

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel