Legal Opinion
Benito Luna v. Scott Kernan
Court of Appeals for the Ninth Circuit
Decided April 28, 2015No. 12-17332PublishedCited by 294 opinions
1Opinion of the Court
OPINION
WATFORD, Circuit Judge:
Benito Luna is a California state prisoner serving a life sentence for first-degree murder and attempted robbery. He filed a petition for writ of habeas corpus in federal court more than six years after the statutory filing deadline had passed. To avoid the time bar, he invokes the doctrine of equitable tolling, which allows a court to suspend the running of the statute of limitations in certain circumstances. In this case, Luna contends that his lawyer’s professional misconduct provides a basis for equitable tolling. We are asked to decide whether the district…
2Cases cited27 opinions
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Rhines v. WeberSupreme Court of the United States · 2005
- Holland v. FloridaSupreme Court of the United States · 2010
- Agostini v. FeltonSupreme Court of the United States · 1997
- Lawrence v. FloridaSupreme Court of the United States · 2007
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3Cited by294 opinions
- Ernest Cadet v. State of Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2017
- Willie Grant v. Gary SwarthoutCourt of Appeals for the Ninth Circuit · 2017
- William Bracey v. Superintendent Rockview SCICourt of Appeals for the Third Circuit · 2021
- Nima Nassiri v. Thomas MackieCourt of Appeals for the Sixth Circuit · 2020
- Thomas Milam v. Kelly HarringtonCourt of Appeals for the Ninth Circuit · 2020
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