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Name: Nedds v. Calderon
Case #: 08-56520
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/04/2012

Habeas petitioner is entitled to equitable tolling when he bases his decision regarding when to file his federal habeas petition on then-current, but later overturned, Ninth Circuit authority. Under AEDPA (28 U.S.C. § 2244(d)(1)(A)) a defendant has one year from the date his state conviction is final to file a federal writ petition. Under certain circumstances, a defendant is entitled to statutory and/or equitable tolling of this deadline. Absent such tolling, Nedds’ deadline to file his federal writ petition was June 22, 2000; he filed his petition on September 10, 2001. “A habeas petitioner who decides when to file his federal habeas petition by relying on Ninth Circuit precedent that is later overturned by the Supreme Court is entitled to equitable tolling.” In Nino v. Galaza (9th Cir. 1999) 183 F.3d 1003, the court held AEDPA’s limits tolled from the time a defendant’s first state habeas petition is filed until the California Supreme Court denies the defendant’s final petition. However, in Carey v. Saffold (2002) 536 U.S. 214, the Court implicitly overruled Nino when it held that a state prisoner who unreasonably delays in filing his state habeas petition is not entitled to tolling during the gap preceding the filing. Nedds relied in good faith on the then-existing rule in Nino in deciding when to file his writ petition. His petition was therefore timely.