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HIGH v. IGNACIO

No. 04-15053.

408 F.3d 585 (2005)

Juan X. HIGH, Petitioner-Appellant, v. John IGNACIO, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2005.

Attorney(s) appearing for the Case

Franny Forsman and John Lambrose (argued), Federal Public Defender, Las Vegas, NV, for the petitioner.

Brian Sandoval and Robert E. Wieland (argued), Nevada Attorney General, Reno, NV, for the respondent.

Before B. FLETCHER, THOMAS, and BEA, Circuit Judges.

BEA, Circuit Judge:

Juan High appeals the denial of his petition for a writ of habeas corpus filed under 28 U.S.C. § 2254. High's state petition for post-conviction relief was dismissed by the Nevada trial court as untimely under Nevada Revised Statute 177.315(3), which required Nevada petitioners for post-conviction relief to file their petition in the Nevada trial court "within 1 year after entry of judgment of conviction or, if an appeal has been taken from...

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