United States Ninth Circuit

The District Court's dismissal as untimely of state prisoner's federal habeas corpus petition is reversed where the California Supreme Court's denial of petitioner's third state habeas petition with reference to In re Swain and People v. Duvall, California Supreme Court cases concerning the state habeas pleading particularity requirement, and with no reference to a California case dealing with untimeliness, demonstrate that the California Supreme Court found petitioner's third petition to be timely but deficiently pleaded, and in doing so, overruled the prior untimeliness rulings of the Superior Court and the Court of Appeal.

Appellate Information

• Published 2016/07/25

Judges

• MURGUIA

Court

• United States Ninth Circuit

Counsel