Monday, June 21, 2010

Banjo v. Ayers, No. 08-56512 (6-17-10) (Tallman joined by O'Scannlain and Block, D.J.). The petitioner requested equitable tolling to allow his federal petition to be heard. He had been convicted in California state court of sodomy and kidnapping (25 to life). The 9th held that his petition was barred under AEDPA's statute of limitations. He had filed a PCR in state court; it was denied, and denied on appeal, too. Defendant then filed a second petition in state court, which was also denied. This petition gave attached evidence (witness declarations) that related to the claims in the first petition. The state court said "too bad, too late." This delay, of about four years, made his federal out of time and out of luck.


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