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· 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 CourtListener

Sourced 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.