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FORBESS v. FRANKE

No. 12-35843.

749 F.3d 837 (2014)

Steven Charles FORBESS, Petitioner-Appellant, v. Steve FRANKE, Superintendent, Two Rivers Correctional Institution, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2014.

Attorney(s) appearing for the Case

Todd H. Grover (argued), Ward Grover, LLP, Bend, OR, for Petitioner-Appellant.

Carolyn Alexander (argued), Senior Assistant Attorney General; Ellen F. Rosenblum , Attorney General; Anna M. Joyce , Solicitor General, Salem, OR, for Respondent-Appellee.

Before: ALFRED T. GOODWIN, STEPHEN S. TROTT, and WILLIAM A. FLETCHER, Circuit Judges.

OPINION

TROTT, Circuit Judge.

Today we decide whether the mental illness suffered by petitioner Steven Charles Forbess entitles him to equitable tolling of the statute of limitation for a writ of habeas corpus. We conclude that it does. During the relevant period, Forbess suffered from delusions so severe that he was unable to understand the need to timely file his petition, and the unique nature of those delusions made it impossible for him to timely file...

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