Robinson v. LewisAnnotate this Case
The Supreme Court answered a question posed by the Court of Appeals for the Ninth Circuit regarding the time gap between the denial of a petition for a writ of habeas corpus in a lower California court and the filing of a new petition in a higher California court raising the same claims for purposes of determining whether a claim was timely presented.
The Court summarized the procedures relevant to gap delay and then answered that, during the process, the delay between the filing of a habeas corpus petition challenging a state court judgment in a high court after the lower court denied relief is relevant to the overall question of timeliness of the claims presented in the petition, but no specific time limits exist. Specifically, delay of up to 120 days would not be considered substantial delay and would not alone make the claim untimely if the petition had otherwise presented the claim without substantial delay. Gap delay of more than 120 days is not automatically considered substantial delay but is a relevant factor in a court's analysis under In re Robbins, 18 Cal.4th, 770 (1998).