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Name: Washington v. Ryan
Case #: 07-15536
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/17/2015

Death row inmate who filed notice of appeal in federal habeas proceedings one day late due to a miscalculation of the filing deadline by attorney's secretary was not entitled to relief. Washington, Robinson, and Mathers were convicted of first degree murder among other offenses in Arizona state court. They were all sentenced to death. Mathers's conviction was reversed on direct appeal. Robinson's federal habeas petition for a new penalty phase trial was granted by the Ninth Circuit. Washington also filed a federal habeas petition, raising the same issue as Robinson, but the district court denied relief. Washington's notice of appeal…

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Name: People v. Lazarus
Case #: B241172
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/13/2015

People v. Nelson, which held that negligence as well as purposeful pre-accusation delay may violate due process, applies where the crimes occurred after the passage of the truth-in-evidence provision of the California Constitution. Lazarus, a Los Angeles police officer, was convicted of the 1986 first degree murder of her former lover's wife. The crime was not solved until 2009, when DNA evidence linked Lazarus to the murder. Lazarus moved to dismiss, based on pre-accusation delay and the negligence of the police investigators. The trial court denied the motion, finding that although Lazarus had made a minimal showing of prejudice, the…

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Name: People v. Rivera
Case #: A140128
Court: CA Court of Appeal
District 1 DCA
Division: 2
Opinion Date: 06/05/2014
Subsequent History: 7/2/14 mod. opn. & rehrg den.

Trial court must accept late filed notice of appeal because defense attorney's failure to file a separate appeal from a restitution order amounted to ineffective assistance of counsel. Rivera was convicted of murder and other offenses, and on September 24, 2013 was sentenced to 35 years to life. A timely notice of appeal was filed on October 2. On November 25, the trial court held a restitution hearing and ordered Rivera to pay more than $100,000. No notice of appeal was filed from that hearing until February 11, 2014, when appellate counsel was appointed. The court clerk declined to accept…

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Name: Butler v. Long
Case #: 10-55202
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/02/2014

Defendant is entitled to equitable tolling of the AEDPA deadline for filing his federal writ petition because the district court dismissed his first petition without giving him an opportunity to amend it. Butler was convicted of premeditated attempted murder in Los Angeles in 2005. He pursued a direct appeal in state court; the California Supreme Court denied review on September 13, 2006. Following a series of state court writ petitions, Butler filed his first federal writ petition on October 5, 2008. The petition contained both exhausted and unexhausted claims. The district court summarily dismissed the petition on November 14, 2008…

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Name: McQuiggin v. Perkins
Case #: 12-126
Court: US Supreme Court
District USSup
Opinion Date: 05/28/2013
Subsequent History: 133 S.Ct. 1924; 185 L.Ed.2d 1019

Statute of limitations prescribed in the Antiterrorism and Effective Death Penalty Act (AEDPA) may be overcome by credible claim of actual innocence. Perkins was convicted of first degree murder and sentenced to life without possibility of parole in 1993. His appeal in state court became final in 1997. In 2008 he filed a federal habeas petition claiming actual innocence. In support of his claim he attached declarations--the most recent of which was signed in 2002. The district court denied the petition. The Sixth Circuit reversed, finding that Perkins' claim of actual innocence overcame his delay in filing. Held: Vacated and…

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Name: Blair v. Martel
Case #: 01-99003
Court: US Court of Appeals
District 9 Cir
Opinion Date: 07/20/2011

Where no clearly established United States Supreme Court precedent establishes a defendant's due process right to a speedy appeal, AEDPA requires dismissal of writ petition. Sentenced to death, petitioner sought a writ of habeas corpus because the California Supreme Court's delay in resolving his direct appeal denied him due process under the Fourteenth Amendment. To the extent petitioner claims a present harm from the delay, his petition is moot because the California Supreme Court denied his appeal. Further, under current United States Supreme Court law, the federal court lacks jurisdiction to order the state court to process his appeal. There…

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Name: Velasquez v. Kirkland
Case #: 08-55823
Court: US District Court
District 9 Cir
Opinion Date: 05/10/2011

Petitioner is not entitled to statutory or equitable tolling where his delays between filing each state habeas petition are unreasonable. In 2001 petitioner was convicted of first degree murder. The state courts affirmed petitioner's conviction, with review denied by the California Supreme Court on November 12, 2003. He did not seek certiorari, so his conviction became final on February 10, 2004. On February 4, 2005, petitioner filed a petition for writ of habeas corpus in the superior court, which was finally denied on April 26, 2005. Ninety-two days later he filed a writ petition in the Court of Appeal, which…

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Name: People v. Zarazua
Case #: C062268
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 11/30/2009

An appellate court has jurisdiction to determine whether a notice of appeal has been constructively filed and said jurisdiction may be invoked either by motion or by petition for writ of habeas corpus. Five months after being sentenced to state prison, appellant filed a pro se motion in the appellate court for constructive filing of the notice of appeal. Accompanying the motion was appellant's declaration to the effect that trial counsel had led him to believe the notice would be timely filed, but had then failed to file it. The notice was served on the Attorney General on June 24,…

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Name: People v. Lyons
Case #: B212253
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/05/2009

An apppeal was dismissed where the notice of appeal was not timely filed. Lyons appealed from his conviction for possession of methamphetamine. The last day for filing the notice of appeal was October 12, 2008. The notice of appeal was executed on October 28, 2008, and filed by the clerk on November 3, 2008. Appellant requested a certificate of probable cause, and attached to the notice of appeal his unverified motion for late filing which alleged that appellant was incarcerated and had no counsel to assist him file the appeal. The trial court did not rule on the late-filing motion,…

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Name: In re Antillia
Case #: G041453
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 08/11/2009

The constructive filing doctrine of In re Benoit (1973) 10 Cal.3d 72 applies to a petition for writ of mandate/prohibition under Penal Code section 1405 subdivision (j), which authorizes DNA testing. Penal Code section 1405 allows an incarcerated felon to make a motion for DNA testing. Under subdivision (j), review of a ruling on such a motion is by writ of mandate/prohibition with a specified 20-day filing requirement commencing from the date of the ruling. In this case, the appellate court extended the constructive filing doctrine of Benoit to section 1405, subdivision (j), finding that the rationale underlying Benoit (to…

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