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AL-YOUSIF v. TRANI

No. 14-1084.

779 F.3d 1173 (2015)

NAIF AL-YOUSIF, Petitioner-Appellee, v. Travis TRANI, Warden, Colorado State Penitentiary; John W. Suthers, Attorney General of the State of Colorado, Respondents-Appellants.

United States Court of Appeals, Tenth Circuit.

March 6, 2015.

Attorney(s) appearing for the Case

Ryan A. Crane , Assistant Attorney General ( John W. Suthers , Attorney General, with him on the briefs), Denver, CO, for Respondents-Appellants.

Brett Daniel Lampiasi , Law Office of Brett Daniel Lampiasi, Hatfield, MA, and Henry L. Solano , Wilson Elser Moskowitz Edelman & Dicker LLP, Denver, CO, ( Steven M. Feder and Barry Boughman , Feder Law Firm, Denver, CO, with them on the brief), for Petitioner-Appellee.

Before HARTZ, MATHESON, and MORITZ, Circuit Judges.

The United States District Court for the District of Colorado granted Defendant Naif Al-Yousif's application for a writ of habeas corpus under 28 U.S.C. § 2254. Although the application was untimely filed, the district court granted equitable tolling and proceeded to the merits. It ruled that the state-court decision was...

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