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