Turner v. Terhune

MEMORANDUM *

Petitioner Tracy Turner appeals the district court’s decision to deny his current habeas corpus petition as untimely. We reverse and remand with instructions that the district court consider Turner’s claims. The facts of this case are familiar to the parties and we recite them here only to the extent necessary.

I. Successive Petitions under AEDPA.

Turner filed two petitions in federal district court pursuant to 28 U.S.C. § 2254 before filing the current petition from which he appeals. Under the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”), a petitioner is…