· 8/12/2003
Gregory Paul Biggs v. William Duncan, Warden
Citations
- 339 F.3d 1045
- 2003 Daily Journal DAR 9013
- 2003 Cal. Daily Op. Serv. 7192
- 2003 U.S. App. LEXIS 16432
- 2003 WL 21911087
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that there is no “pending” application between separate rounds of collateral review in California courts
- concluding that statutory tolling is unavailable between separate rounds of state habeas review
- holding that only the time period during which a round of state habeas review is 17 pending tolls the statute of limitation and that periods between different rounds of 18 collateral attack are not tolled
- explaining that the statute of limitations is tolled “during the ‘intervals between a lower 13 court decision and a filing of a new petition in a higher court’”
- petitioner 18 not entitled to gap tolling for the period between two separate rounds of petitions
- application for post-conviction relief 17 is pending during the “intervals between a lower court decision and a filing of a new petition in a 18 higher court”
Source: CourtListener parenthetical corpus (CC0).
Judges: Browning, Fletcher, Silverman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.