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MILAM v. HARRINGTON

No. 19-55213.

953 F.3d 1128 (2020)

Thomas Jason MILAM, aka Thomas J. Milam, Petitioner-Appellant, v. Kelly HARRINGTON, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed March 25, 2020.

Attorney(s) appearing for the Case

Michael T. Drake (argued), Deputy Federal Public Defender; Amy M. Karlin , Federal Public Defender; Federal Public Defender's Office, Los Angeles, California; for Petitioner-Appellant.

Shira Seigle Markovich (argued), Deputy Attorney General; Stephanie C. Brenan , Supervising Deputy Attorney General; Lance E. Winters , Senior Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Before: A. Wallace Tashima, Andrew D. Hurwitz, and Michelle T. Friedland, Circuit Judges.

OPINION

Thomas Milam's family retained counsel to represent Milam in his state habeas corpus proceedings. That lawyer filed three unsuccessful petitions in the California courts, but the long delays between the filings left Milam ineligible to claim statutory tolling for much of the one-year statute of limitations...

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