Legal Opinion
Dictado v. Ducharme
Court of Appeals for the Ninth Circuit
Decided August 26, 1999No. 98-35531PublishedCited by 38 opinions
1Opinion of the Court
BEEZER, Circuit Judge:
Fortunado Dictado appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition. The district court concluded that Dictado filed his petition after the expiration of the one-year statute of limitations established in 28 U.S.C. § 2244(d)(1), the Antiterrorism and Effective Death Penalty Act (“AEDPA”), and dismissed the petition as untimely. Dictado argues that the limitations period was tolled while his 1997 personal restraint petition was pending in the Washington state courts. We have jurisdiction, 28 U.S.C. §§ 1291, 2253, and we affirm.
I
In 1982, a Washington…
2Cases cited10 opinions
- Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997
- Steven R. Lovasz v. Scig Supt. Donald T. VaughnCourt of Appeals for the Third Circuit · 1998
- State v. DictadoWashington Supreme Court · 1984
- James Robert McQueary v. James Blodgett, Superintendent, Wsp Corrections, Dept of Indeterminate Sentencing Review BoardCourt of Appeals for the Ninth Circuit · 1991
- Calderon v. United States District Court for the Central District of CaliforniaCourt of Appeals for the Ninth Circuit · 1998
5 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Gibson v. KlingerCourt of Appeals for the Tenth Circuit · 2000
- Fahy v. HornCourt of Appeals for the Third Circuit · 2001
- David C. Smith v. W.A. Duncan, WardenCourt of Appeals for the Ninth Circuit · 2002
- Tony Bruce Bennett v. Christopher Artuz, SuperintendentCourt of Appeals for the Second Circuit · 1999
- Willie Freeman v. James H. Page, Warden, Stateville Correctional CenterCourt of Appeals for the Seventh Circuit · 2000
33 more not listed; retrieve them via the Exa API.