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Name: Jorss v. Gomez
Case #: 99-16986
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/04/2001
Subsequent History: None

The federal district court’s erroneous dismissal of defendant’s habeas petition as unexhausted was an extraordinary circumstance beyond his control warranting equitable tolling, so that his habeas petition was timely under AEDPA. (2-1…

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Name: Wixom v. Washington
Case #: 00-35721
Court: US Court of Appeals
District 9 Cir
Opinion Date: 09/05/2001
Subsequent History: Cert. denied 2/19/02

The federal habeas petition was untimely under AEDPA where it was filed more than one year after direct review…

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Name: Bailey v. Newland
Case #: 99-17654
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/31/2001
Subsequent History: Cert. denied 4/15/02

In this federal habeas case, petitioner claimed his state court trial attorney had rendered ineffective assistance by failing to challenge the search of a motel room after defendant was arrested outside of it. The substantive search issue was whether the police officers’ collective knowledge could be imputed to the officer who actually demanded that the motel door be opened where the record was silent on the question whether that officer had been told information that was gathered by another officer. The appellate court concluded there was no definitive U.S. Supreme Court case on the issue. However, in…

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Name: Dils v. Small
Case #: 99-55412
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/06/2001
Subsequent History: None

In this procedurally complicated habeas case, the court found petitioner, who had filed a series of habeas petitions, had failed to meet the one year deadline from the effective date of April 23, 1996 of AEDPA for filing a habeas petition. The court found the deadline was not extended by an earlier petition, concluding it was not "pending" when he mailed a later petition, and thus did not extend the filing…

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Name: Frye v. Hickman
Case #: 99-15935
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/06/2001
Subsequent History: None

The one-year statute of limitation for filing a federal habeas corpus petition under AEDPA was not equitably tolled by retained counsel’s negligence in failing to file a timely petition. Since this was not a death penalty case, petitioner had no right to appointed counsel on his habeas petition, and thus retained counsel’s negligence did not make it impossible for petitioner himself to file a timely…

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