Thompson v. Lea, No. 09-55753 (9th Cir. 2012)
Annotate this CasePetitioner appealed the district court's denial of his 28 U.S.C. 2254 habeas corpus petition because it was time-barred. The court found that petitioner's conviction initially became final on July 11, 2006, 90 days after the California Supreme Court denied his petition for review on direct appeal; petitioner then filed a motion in the California Court of Appeal to recall the remittitur and reinstate his appeal based on Cunningham v. California but the motion was denied on May 23, 2007; the California Supreme Court subsequently granted review of the petition and deferred further action; and by granting review, the California Supreme Court reopened direct review and made petitioner's conviction "again capable of modification through direct appeal." Petitioner's conviction became final on December 11, 2007 and the federal habeas petition was filed on June 30, 2008. Accordingly, the petition was timely filed and the court reversed and remanded.
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