1. Home
  2. Browse Decisions
  3. F.3d
  4. 419 F.3d
  5. 419 F.3d 1013 (2005)
 

JEFFERSON v. BUDGE

No. 03-16932.

419 F.3d 1013 (2005)

Willie Lee JEFFERSON, Petitioner, v. Mike BUDGE, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 16, 2005.

Attorney(s) appearing for the Case

Willie Lee Jefferson, pro se, Carson City, Nevada, petitioner-appellant.

John Warwick, Deputy Attorney General, Carson City, NV, for the respondents-appellees.

Before THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.

SILVERMAN, Circuit Judge.

We hold today that it is error for a district court to dismiss a mixed habeas petition without first offering the petitioner the options provided in Rose v. Lundy, 455 U.S. 509, 102 S.Ct. 1198, 71 L.Ed.2d 379 (1982). If such an error occurs, the petitioner is entitled to equitable tolling of the AEDPA statute of limitations from the date the mixed petition was dismissed until the date a new federal habeas...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases