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BRANHAM v. MONTANA

No. 19-35829.

996 F.3d 959 (2021)

Charles Ivan BRANHAM, Petitioner-Appellant, v. State of MONTANA; Patrick McTighe, Respondents-Appellees, and Jim Salmonsen, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed May 6, 2021.

Attorney(s) appearing for the Case

Palmer A. Hoovestal (argued), Hoovestal Law Firm PLLC, Helena, Montana, for Petitioner-Appellant.

Mardell Ployhar (argued), Assistant Attorney General; Timothy C. Fox , Attorney General; Office of the Attorney General, Helena, Montana; for Respondents-Appellees.

Before: Michael R. Murphy, Mark J. Bennett, and Eric D. Miller, Circuit Judges.

OPINION

A prisoner who seeks a federal writ of habeas corpus to review a state-court conviction must satisfy a one-year statute of limitations. 28 U.S.C. § 2244(d). The one-year period begins to run upon "the conclusion of direct review" of the conviction, and it is suspended during the pendency of any "properly...

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