Attorney(s) appearing for the Case
Marylou Hillberg , Sebastopol, CA, for the petitioner-appellant.
Robert Gezi , Deputy Attorney General, Edmund G. Brown, Jr. , Attorney General of California, Michael P. Farrell , Senior Assistant Attorney General, and Julie A. Hokans , Supervising Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for the respondent-appellee.
Before: MICHAEL DALY HAWKINS and RAYMOND C. FISHER, and TIMOTHY M. TYMKOVICH, Circuit Judges.
United States Court of Appeals, Ninth Circuit.
TYMKOVICH, Circuit Judge:
This case requires us to consider when a petitioner's mental condition may constitute an extraordinary circumstance justifying equitable tolling of the untimely filing of a habeas petition. We conclude equitable tolling is permissible when a petitioner can show a mental impairment so severe that the petitioner was unable personally either to understand the need to timely file or prepare a habeas petition, and that impairment...
NEVER MISS A DECISION. START YOUR SUBSCRIPTION.
Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.
As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.