United States Ninth Circuit

The district court's denial of a petition for habeas corpus is reversed, where the petition was not barred by the one-year statute of limitations under 28 USC section 2244(d)(1) but was instead timely under the tolling provision applicable when a timely filed state petition for habeas corpus is pending, since the district court did not correctly apply California law in determining that the California Supreme Court's denial of the appellant's state petition with citation to Ex parte Swain, 209 P.2d 793 (Cal. 1949), and People v. Duvall, 886 P.2d 1252 (Cal. 1995), necessarily meant that the appellant's petition before the California Supreme Court was untimely.

Appellate Information

• Decided 04/18/2012
• Published 04/18/2012

Judges

• Bea

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mary E. Pougiales, Dorian Jung