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ROBINSON v. LEWIS

No. 14-15125.

795 F.3d 926 (2015)

Julius M. ROBINSON, Petitioner-Appellant, v. G.W. LEWIS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 28, 2015.

Attorney(s) appearing for the Case

Heather E. Williams , Federal Defender; David Hare Harshaw, III , Assistant Federal Public Defender, Sacramento, CA, for Petitioner-Appellant.

Kamala D. Harris , Attorney General of California; Michael P. Farrell , Senior Assistant Attorney General; Brian G. Smiley , Supervising Deputy Attorney General; David Andrew Eldridge , Deputy Attorney General, Sacramento, CA, for Respondent-Appellee.

Before: MARY M. SCHROEDER and SANDRA S. IKUTA, Circuit Judges and J. MICHAEL SEABRIGHT, District Judge.

ORDER

We ask the California Supreme Court to resolve an important question of state law that the Ninth Circuit has long struggled to answer, a struggle that absorbs appellate and district court resources and frustrates state prisoners. The question is: when is a state prisoner's petition for a writ of state habeas corpus in a non-capital case timely filed in a California court? Without the California Supreme Court's guidance...

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