Forbess v. Franke, No. 12-35843 (9th Cir. 2014)
Annotate this CasePetitioner, convicted of attempted murder, assault, kidnapping, and coercion of his former wife, appealed the district court's rejection of his petition for post-conviction relief as untimely. The court concluded that petitioner's unique mental illness made it impossible for him to timely file his federal habeas petition and in fact caused him to fail to meet the filing deadline. Therefore, the court concluded that petitioner was entitled to equitable tolling of the Antiterrorism and Effective Death Penalty Act's, 28 U.S.C. 2244(d)(1)(A), one-year statute of limitation. The court reversed and remanded.
Court Description: Habeas Corpus. The panel reversed the district court’s denial of an untimely 28 U.S.C. § 2254 habeas corpus petition and remanded for further proceedings, concluding that petitioner suffered from delusions so severe that he was unable to understand the need to timely file his petition, and that the unique nature of those delusions made it impossible to do so.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.