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ROBERTS v. MARSHALL

No. 08-55901.

627 F.3d 768 (2010)

Rodney Ray ROBERTS, Petitioner-Appellant, v. John MARSHALL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed December 13, 2010.

Attorney(s) appearing for the Case

Kurt David Hermansen , San Diego, CA, filed the briefs for the petitioner-appellant.

Michael C. Keller , Deputy Attorney General, Los Angeles, CA, filed a brief for respondent-appellee. With him on the brief were Edmund G. Brown Jr. , Attorney General of California, Dane R. Gillette , Chief Assistant Attorney General, Palema C. Hamanaka , Senior Assistant Attorney General, and Xiomara Costello , Supervising Deputy Attorney General.

Before: DIARMUID F. O'SCANNLAIN, RONALD M. GOULD and SANDRA S. IKUTA, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether a habeas petitioner is entitled to an evidentiary hearing to determine whether his asserted mental incompetence warrants equitable tolling of the one-year statute of limitations provided by the Antiterrorism and Effective Death Penalty Act of 1996.

I

Rodney Ray Roberts pled guilty to second degree murder in California Superior Court on...

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