Valdez v. Montgomery, No. 16-56845 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's dismissal of a habeas petition as untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA). The panel rejected petitioner's contention that he waited to file his second state habeas petition until the California Supreme Court decided People v. Elizalde, 351 P.3d 1010 (Cal. 2015). The court also rejected petitioner's alternative contention that his delay was reasonable because of the size of the state court record and complexity of the case. The panel held that the district court correctly concluded that petitioner was not entitled to statutory tolling for the period following the California Superior Court's denial of his first state habeas petition. Finally, the district court did not err by not ordering the state to respond and lodge the state-court record.