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WASHINGTON v. RYAN

No. 05-99009, No. 07-15536.

833 F.3d 1087 (2016)

Theodore WASHINGTON, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee. Theodore Washington, Petitioner-Appellant, v. Charles L. Ryan, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 15, 2016.

Attorney(s) appearing for the Case

Gilbert H. Levy (argued), Law Offices of Gilbert H. Levy, Seattle, Washington, for Petitioner-Appellant.

Laura Chiasson (argued), Assistant Attorney General; Terry Goddard , Attorney General; Office of the Arizona Attorney General, Tucson, Arizona; for Respondent-Appellee.

Nathaniel C. Love (argued), Sidley Austin LLP, Chicago, Illinois; Mark E. Haddad , Sidley Austin LLP, Los Angeles, California; David M. Porter , Co-Chair, NACDL Amicus Committee; for Amicus Curiae National Association of Criminal Defense Lawyers.

Dissent by Judge Watford

OPINION

Theodore Washington, an Arizona death row inmate, filed a notice of appeal ("NOA") thirty-one days after the district court denied his petition for writ of habeas corpus. Federal Rule of Appellate Procedure 4(a)(1) limited the window for filing this notice to just thirty days, but the rules also provided...

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