LARSEN v. SOTO

No. 10-56118.

730 F.3d 930 (2013)

Daniel LARSEN, Petitioner-Appellee, v. John SOTO, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed September 16, 2013.


Attorney(s) appearing for the Case

Stephanie C. Brenan (argued), Deputy Attorney General; Xiomara Costello , Supervising Deputy Attorney General; Dane R. Gillette , Chief Assistant Attorney General; Kamala D. Harris , Attorney General; Michael R. Johnsen , Supervising Deputy Attorney General; Richard S. Moskowitz , Deputy Attorney General; and Lance E. Winters , Senior Assistant Attorney General, Los Angeles, CA, for Respondent-Appellant.

Jan Stiglitz (argued), Alissa Bjerkhoel , Justin Brooks , and Alexander Simpson , California Innocence Project, San Diego, CA, for Petitioner-Appellee.

Benjamin G. Damstedt and Lori R. Mason , Cooley LLP, Palo Alto, CA; Scott A. Cole , Cooley LLP, Reston, VA, for Amicus Curiae.

Before: WILLIAM C. CANBY, JR., STEPHEN REINHARDT, and KIM McLANE WARDLAW, Circuit Judges.


OPINION

WARDLAW, Circuit Judge:

Warden John Soto appeals the denial of his motion to dismiss Daniel Larsen's petition for a writ of habeas corpus. The district court held that Larsen's claims could be considered on the merits despite the facial untimeliness of his petition, on the ground that Larsen presented compelling evidence that he is actually innocent. Notwithstanding the one-year limitations period imposed on the filing of federal habeas petitions...

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