Legal Opinion

Zepeda v. Walker

Court of Appeals for the Ninth Circuit

Decided September 10, 2009No. 08-56085PublishedCited by 51 opinions

1Opinion of the Court

TALLMAN, Circuit Judge:

Jessie Zepeda appeals the district court’s dismissal of his petition for a federal writ of habeas corpus as untimely under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). He argues that AEDPA’s one-year limitation period should be tolled for the entire time that his state habeas petition was in the state court’s possession, even though it initially lacked the verification required by California law for proper filing. We have jurisdiction under 28 U.S.C. § 1291, and we affirm.

I

In July 2004, Zepeda was convicted by a California jury of eight counts of…

2Cases cited23 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Artuz v. BennettSupreme Court of the United States · 2000
  3. Smith v. DoeSupreme Court of the United States · 2003
  4. Carey v. SaffoldSupreme Court of the United States · 2002
  5. Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003

18 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. White v. MartelCourt of Appeals for the Ninth Circuit · 2010
  2. Rudin v. MylesCourt of Appeals for the Ninth Circuit · 2014
  3. Margaret Rudin v. Carolyn MylesCourt of Appeals for the Ninth Circuit · 2014
  4. Canez v. RyanDistrict Court, D. Arizona · 2014
  5. Torres v. McDowellDistrict Court, C.D. California · 2017

46 more not listed; retrieve them via the Exa API.

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