Dismissal of Habeas Petition Affirmed

In Lakey v. Hickman, No. 09-15940, a murder prosecution, the court affirmed the dismissal of petitioner’s habeas petition where: 1) statutory tolling is unavailable for the 267 days at issue here because petitioner’s final state habeas petition was deemed untimely under California law; and 2) even giving petitioner the benefit of equitable tolling for the time period prior to the court’s decision in Pace, petitioner’s subsequent 141-day delay rendered his federal petition untimely by at least 128 days.

Related Resources

  • Read the Ninth Circuit’s Decision in Lakey v. Hickman, No. 09-15940

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Civil Rights

Block on Trump’s Asylum Ban Upheld by Supreme Court

Criminal

Judges Can Release Secret Grand Jury Records

Politicians Can’t Block Voters on Facebook, Court Rules