Albert Roy v. Robert O. Lampert, Phillip L. Kephart v. Stan Czerniak, Superintendent, Osp
Court of Appeals for the Ninth Circuit
1Opinion of the Court
D.W. NELSON, Senior Circuit Judge.
Albert Roy and Phillip Kephart were both convicted of crimes in Oregon state court. The federal district court dismissed both of their federal habeas petitions as untimely because they were filed after the one-year statute of limitations period created by the Antiterrorism and Effective Death Penalty Act (“AEDPA”). We consolidated their cases to answer a single question: Are Roy and Kephart entitled to an evidentiary hearing regarding their claim that the statute of limitations should be equitably tolled because they were transferred to an Arizona prison…
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- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
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3Cited by1 opinion
- Roy v. LampertCourt of Appeals for the Ninth Circuit · 2006