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SHANNON v. NEWLAND

No. 03-16833.

410 F.3d 1083 (2005)

Brian Dennis SHANNON, Petitioner-Appellant, v. Anthony NEWLAND, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 8, 2005.

Attorney(s) appearing for the Case

Donald M. Horgan, Riordan & Horgan, San Francisco, CA, argued the cause and filed briefs for the petitioner; Dennis P. Riordan was on the briefs.

Juliet B. Haley, Attorney General's Office, San Francisco, CA, argued the cause and filed a brief for the respondent; Bill Lockyer, Robert R. Anderson, Gerald A. Engler, and Peggy S. Ruffra were on the brief.

Before BEEZER, O'SCANNLAIN, and KLEINFELD, Circuit Judges.

O'SCANNLAIN, Circuit Judge.

We must decide whether a California prisoner's petition for writ of habeas corpus is timely when it is filed long after his conviction but shortly after a decision by the California Supreme Court clarifying the state's criminal law in a way potentially favorable to his federal constitutional claim.

I

In October 1993, Brian Shannon and his girlfriend, Kimberly Stack, began to argue heatedly in the living room of Shannon...

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