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Ham v. Roe

Citation: 27 F. App'x 767Docket: No. 01-15197; D.C. No. CV-00-396-EJG

Court: Court of Appeals for the Ninth Circuit; October 24, 2001; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant, a state prisoner, challenged the district court's dismissal of his habeas corpus application as untimely under the Antiterrorism and Effective Death Penalty Act (AEDPA). The primary legal issue involved the application of the one-year statute of limitations for filing habeas petitions as outlined in 28 U.S.C. § 2244(d). The appellant contended that the limitation period should commence from when he discovered new evidence in 1999, rather than from the date of his trial in 1993. However, the court held that the limitations period begins when the prisoner is aware of the critical facts forming the basis of the claim, rather than their legal significance, and found that the appellant had known these facts during the trial. Additionally, the court rejected the appellant's argument for equitable tolling, concluding that his delay in filing was not due to extraordinary circumstances. Therefore, the court affirmed the lower court's dismissal of the habeas petition as time-barred. The decision is unpublished and cannot be cited in future cases except as permitted by 9th Cir. R. 36-3.

Legal Issues Addressed

Commencement of Limitation Period

Application: The court determined that the limitation period begins when the prisoner knows the crucial facts of the case, not when they understand their legal significance.

Reasoning: The court clarified that the limitation period starts when a prisoner knows the crucial facts, not when they understand their legal significance.

Equitable Tolling

Application: The court found that Ham's circumstances did not warrant equitable tolling, as his lengthy investigation did not present extraordinary circumstances to justify the delay.

Reasoning: Furthermore, the district court ruled that equitable tolling was inappropriate since Ham's lengthy investigation did not constitute extraordinary circumstances that would justify his delay in filing.

Statute of Limitations under AEDPA

Application: The court applied the one-year statute of limitations for filing a habeas corpus petition under AEDPA, affirming the dismissal of Ham's petition as it was filed beyond this period.

Reasoning: McNeece Ham's appeal concerns the district court’s dismissal of his habeas corpus application as time-barred under the one-year statute of limitations established by 28 U.S.C. § 2244(d).