Trigueros v. Adam, No. 08-56484 (9th Cir. 2011)
Annotate this CasePetitioner appealed the district court's dismissal of his habeas petition as untimely, and not subject to statutory tolling. Petitioner's petition challenged his jury conviction in California state court for murder and attempted murder. The court concluded that the California Supreme Court found petitioner's 2005 habeas petition timely. Since petitioner then filed in federal district court on July 3, 2007, less than a month after the California Supreme Court denied his petition on June 13, 2007, his federal petition was timely filed. Therefore, the court reversed the district court's dismissal of the petition and remanded for further proceedings.
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