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HEMMERLE v. SCHRIRO

No. 06-16601.

495 F.3d 1069 (2007)

Robert HEMMERLE, Petitioner-Appellant, v. Dora SCHRIRO; Attorney General for the State of Arizona, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 19, 2007.

Attorney(s) appearing for the Case

Michael Bernays, Phoenix, AZ, argued the cause for the petitioner-appellant. He also filed an opening brief and a reply brief.

Alan L. Amann, Assistant Attorney General of Arizona, Criminal Appeals Section, argued the cause for the respondent-appellee and filed a brief. Also on the brief were Terry Goddard, Attorney General of Arizona and Randall M. Howe, Chief Counsel of the Arizona Criminal Appeals Section.

Before: CYNTHIA HOLCOMB HALL, DIARMUID F. O'SCANNLAIN, and SANDRA S. IKUTA, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

Once again, we are asked to decide whether a federal petition for writ of habeas corpus was properly dismissed as time-barred because filed outside the Antiterrorism and Effective Death Penalty Act's one-year statute of limitations.

I

A

Robert Hemmerle was convicted after a jury trial of second-degree murder and endangerment after running a red light and killing another motorist while operating his vehicle under...

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