James Tillema v. Miles Long, Warden Frankie Sue Del Papa

Opinion by Judge REINHARDT; Partial Concurrence and Partial Dissent by Judge RYMER.

REINHARDT, Circuit Judge:

James Tillema appeals the dismissal, as untimely, of his petition for habeas corpus relief under 28 U.S.C. § 2254. We reverse.

I. Factual and Procedural Background

Tillema was indicted on August 30, 1993, in Clark County, Nevada, and charged with three counts of burglary (two vehicle *496break-ins and theft of a padlock from a Woolworth’s store) and two counts of possession of burglary tools (a screwdriver and a “penlight”). He was prosecuted under Nevada’s habitual offender statute and,…