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LUNA v. KERNAN

No. 12-17332.

784 F.3d 640 (2015)

Benito Julian LUNA, Petitioner-Appellant, v. Scott KERNAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed April 28, 2015.

Attorney(s) appearing for the Case

Barry Morris (argued), Walnut Creek, CA, for Petitioner-Appellant.

Laura Wetzel Simpton (argued), Deputy State Attorney General; Kamala D. Harris, Attorney General; Michael P. Farrell, Senior Assistant Attorney General; Carlos A. Martinez, Supervising Deputy Attorney General; Jamie A. Scheidegger, Deputy Attorney General, California Department of Justice, Sacramento, CA, for Respondent-Appellee.

Before: RONALD M. GOULD, PAUL J. WATFORD, and MICHELLE T. FRIEDLAND, Circuit Judges.

OPINION

Benito Luna is a California state prisoner serving a life sentence for first-degree murder and attempted robbery. He filed a petition for writ of habeas corpus in federal court more than six years after the statutory filing deadline had passed. To avoid the time bar, he invokes the doctrine of equitable...

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