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SOULIOTES v. EVANS

No. 08-15943.

622 F.3d 1173 (2010)

George SOULIOTES, Petitioner-Appellant, v. Mike EVANS, Warden; Anthony Hedgpeth, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 20, 2010.

Attorney(s) appearing for the Case

Randall S. Luskey , Orrick, Herrington & Sutcliffe LLP, San Francisco, CA, for the petitioner-appellant.

Kathleen A. McKenna , Deputy Attorney General, Office of the Attorney General of California, Fresno, CA, for the respondents-appellees.

Sheryl Gordon McCloud , Law Offices of Sheryl Gordon McCloud, Seattle, WA; Bob Barr, Atlanta, GA; Matthew D. Brown , Cooley Godward Kronish LLP, San Francisco, CA, for the amici.

Opinion by Judge McKeown; Partial Concurrence and Partial Dissent by Judge ZILLY.

McKEOWN, Circuit Judge:

Petitioner George Souliotes, a California prisoner, is currently serving a life sentence for three murders by arson that he claims he did not commit. Souliotes seeks to prove his innocence based on the results of new fire testing methods that he claims could have only been reasonably discovered in 2005. We are called upon to decide whether his petition for writ of habeas corpus was timely filed under the Antiterrorism and Effective Death Penalty...

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