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RANDLE v. CRAWFORD

No. 08-15657.

578 F.3d 1177 (2009)

Patrick H. RANDLE, Petitioner-Appellant, v. Jackie CRAWFORD; Nevada Attorney General, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Vacated and Deferred March 12, 2009.

Resubmitted August 4, 2009.

Filed August 25, 2009.

Attorney(s) appearing for the Case

Franny A. Forsman, Federal Public Defender, and John C. Lambrose, Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.

Catherine Cortez Masto, Attorney General, and Dennis C. Wilson, Deputy Attorney General, Las Vegas, NV, for the respondents-appellees.

Before J. CLIFFORD WALLACE, SIDNEY R. THOMAS and JAY S. BYBEE, Circuit Judges.

WALLACE, Senior Circuit Judge:

Randle is currently serving several life sentences without the possibility of parole in Nevada state prison. He appeals from a district court order dismissing his petition for writ of habeas corpus on statute of limitations grounds. He argues that the one-year statute of limitations on federal habeas claims does not bar his petition because (1) the respondents waived this affirmative defense, (2) judicial estoppel precludes the respondents...

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