United States Ninth Circuit

The District Court's denial of an Arizona death row inmate's motion under Fed. Civ. P. 60(b) to vacate and reenter its judgment denying his 28 U.S.C. section 2254 habeas corpus petition so that his appeal could be timely, is reversed where missed the filing deadline by just one day, and the absence of any indication of bad faith by his lawyers, relief is required under Rule 60(b)(1) or, alternatively, Rule 60(b)(6).

Appellate Information

• Published 2016/08/15

Judges

• CHRISTEN

Court

• United States Ninth Circuit

Counsel