Randle v. Crawford, No. 08-15657

In a murder prosecution, dismissal of a habeas petition as untimely is affirmed where: 1) the Nevada Supreme Court's order dismissing petitioner's appeal as untimely did not constitute "the conclusion of direct review" pursuant to 28 U.S.C. section 2244(d)(1)(A); and 2) even with the benefit of statutory tolling pursuant to Section 2244(d)(2), petitioner's petition was untimely by 192 days.

Read Randle v. Crawford, No. 08-15657

Appellate Information

Argued and Submitted March 9, 2009

Submission Vacated and Deferred March 12, 2009

Resubmitted August 4, 2009

Judges

Opinion by Judge Wallace

Counsel

For Appellant:

Franny A. Forsman, Federal Public Defender, Las Vegas, NV

For Appellees:

Dennis C. Wilson, Deputy Attorney General, Las Vegas, NV