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Name: Bunney v. Mitchell
Case #: 00-15432
Court: US Court of Appeals
District 9 Cir
Opinion Date: 03/05/2001
Subsequent History: Opn withdrawn by the Court 5/10/01, new opn 8/28/01 issued at 262 F.3d 973

Editor’s note: see subsequent history A petition of habeas corpus alleging ineffective assistance of counsel for failure to investigate or present evidence of battered women’s syndrome was filed more than one year after the effective date of AEDPA (3/24/96). The defendant was convicted in 1982, and retained counsel reviewed her file for a parole hearing. A psychotherapist opined at her March 1996 parole hearing that she suffered from BWS at the time of the killing. The Court concluded the petition was untimely. It rejected her claim that she was not aware of the “factual predicate” of her claim until January 1997, when counsel’s investigations uncovered the facts underlying the claim and evidence which made the claim credible. The factual predicate was that she suffered from BWS, which she knew in March 1996. Second, the Court joined all the other circuits in concluding that the 90-day period during which one may petition for a writ of certiorari does not toll the one-year statute of limitations. Third, the statute was not tolled under the doctrine of equitable tolling, if extraordinary circumstances made it impossible to file on time. Counsel’s negligence was unfortunate but commonplace; he failed to comply with a statute of limitations of which both he and petitioner were aware.