Friday, November 18, 2016

Fue v. Biter, No. 12-55307 (11-17-16)(en banc-Bybee). 

In an en banc decision on equitable tolling, the 9th reversed the dismissal for untimeliness and remanded further hearings.  The petitioner alleged that the California Supreme Court never notified him that it denied his state petition.  He wrote them after 14 months inquiring, and stated that the petition was still pending when he filed his federal claim.    The 9th held that if the petitioner proves his lack of knowledge of the denial, he would be entitled to equitable tolling.

Congrats to Michael Tanaka, Deputy Federal Defender, Cal Central (Los Angeles).

The decision is here:


Post a Comment

<< Home