Steven Forbess v. Steve Franke
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
TROTT, Circuit Judge:
Today we decide whether the mental illness suffered by petitioner Steven Charles Forbess entitles him to equitable tolling of the statute of limitation for a writ of habeas corpus. We conclude that it does. During the relevant period, Forbess suffered from delusions so severe that he was unable to understand the need to timely file his petition, and the unique nature of those delusions made it impossible for him to timely file. We reverse and remand so that the district court may consider the merits of Forbess’s petition.
I
In 1999, an Oregon state court' jury…
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