Rainwater Law Group

Effective Criminal Defense

Rudin v. Myles, No. 12-15362 [March 10, 2015]

Rudin v. Myles

After a petition for a rehearing and with the help of an amicus brief from the District of Nevada Federal Defender's Office, Judge Murguia change her voted, much to the chagrin of Judge O'Scannlain, and this time wrote the majority opinion reversing the district court (previously she wrote the majority opinion affirming the district court) holding that the petitioner was entitled to equitable tolling. The case has an excellent discussion of what constitutes "extraordinary circumstance" for equitable tolling particularly where state habeas counsel abandoned his client and where the petitioner was misled into believing the state court had excused her late filing. The concurring opinion, by District Court Judge Adelman, stressed that not to allow equitable tolling would have required the essentially pointless early filing of federal petitions by prisoners who reasonably believe that their claims are properly pending, unexhausted, in state courts.

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