In a murder prosecution, the dismissal of Petitioner’s habeas petition is reversed, where 1) Fed. R. Crim. P. 60(b)(6) motions may be predicated on intervening changes in the law; and 2) under Rule 24 of the California Rules of Court, a denial of a habeas petition is not final for 30 days after filing.
Read Phelps v. Alameda, No. 07-15167
Appellate Information
Argued and Submitted January 13, 2009
Filed June 25, 2009
Judges
Opinion by Judge Reinhardt
Counsel
For Petitioner:
Albert Joel Kutchins, Berkeley, CA
For Respondent:
Juliet B. Haley, Deputy Attorney General, San Francisco, CA
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