United States Ninth Circuit

In a federal habeas corpus petition following plaintiff's California misdemeanor conviction for driving under the influence of alcohol, the district court's grant of the defendant's motion to dismiss the petition as untimely is reversed and the court held that California misdemeanants exhaust their state court remedies when the California Court of Appeal denies transfer of their appeal. The court expressly overruled Larche v. Simon, 53 F.3d 1068 (9th Cir. 1995), which held otherwise.

Appellate Information

• Decided 10/06/2015
• Published 10/06/2015

Judges

• NGUYEN

Court

• United States Ninth Circuit

Counsel