Grant v. Swarthout, No. 13-55584
(7-7-17)(Reinhardt w/Tashima & Paez). This is an equitable tolling
case. Do not ask for whom the petition
tolls, it tolls for thee (if prevented from filing by the prison's delay). In this matter, as petitioner's one year
AEDPA statute neared its running, he asked for forms to file his federal
petition. The prison delayed, and he was 20 days out. The State then said that he should have been
more diligent. The 9th said he was
diligent, and that the petitioner had the full year, not part of it, or most of
it. The petition should be regarded as
timely due to tolling.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/07/13-55584.pdf
US v. Chavez-Cuevas, No.
15-50480. (7-10-17)(Bea w/Callahan & Ikuta). The 9th resolutely holds that
California robbery (211) is a "crime of violence" under the
categorical approach of Deschamps and
Mathis. The 9th rejects the challenge to prior
precedent, Becerril-Lopez, which had
so held, reasoning that its finding of a COV is not contrary to Deschamps and Mathis. Rather, the 9th explains, although the state robbery
statute is broader than a generic robbery, the offense it also encompasses is
extortion, which is itself a COV. Any way you cut it, a COV occurred.
The 9th also deals with what happens when a district court fails to "accept" the plea agreement. The colloquy was held before a magistrate, the recommendation made to accept, and then at sentencing, everything preceded as usual except the plea agreement was never accepted. Under a plain error analysis, even if there was error, the 9th finds it unclear how the court's failure affected substantive rights or was especially grave. Everyone acted as if it was accepted.
The 9th also deals with what happens when a district court fails to "accept" the plea agreement. The colloquy was held before a magistrate, the recommendation made to accept, and then at sentencing, everything preceded as usual except the plea agreement was never accepted. Under a plain error analysis, even if there was error, the 9th finds it unclear how the court's failure affected substantive rights or was especially grave. Everyone acted as if it was accepted.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2017/07/10/15-50480.pdf
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