Souliotes v. Evans

This case requires much more from us than the majority has acknowledged, and I must respectfully dissent. Although I concur with the majority’s conclusion that the district court applied an incorrect diligence standard when assessing whether Souliotes timely presented his new “MPD” evidence pursuant to 28 U.S.C. § 2244(d)(1)(D),1 I cannot abide the “fool’s errand,” In re Davis, — U.S. -, 130 S.Ct. 1, 4, 174 L.Ed.2d 614 (2009) (Scalia, J., dissenting), on which the majority sends the district court. By incorrectly holding that the decision in Lee v. Lampen, 610 F.3d 1125 (9th Cir.2010),…