Phelps v. Alameda, No. 07-15167

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