Criminal Appeal

Second Petition Not Successive Where First Was Based Solely On Trial Counsel's Failure to Appeal. Johnson v. U.S., no. 01-16947 (9th Cir. Apr. 2, 2004).

Equitable Tolling Applies to 2255 Statute of Limitations.
Case: U.S. v. Battles, no. 00-15134 (9th Cir., Mar. 30, 2004)
Proceeding: Appeal from dismissal of motion for post-conviction relief as time barred.

Holding: "The statute of limitations contained in 28 U.S.C. § 2255 is subject to equitable tolling." Former counsel's failure to timely turn over portions of file may form basis for equitable tolling. Case remanded "for a further development of the record on the issue of just what counsel did or did not do, and on the issue of causation."

Authoring Judge (in case you couldn't tell from the word choices): Ferdinand F. Fernandez

Words Counsel Will Be Explaining to Client: antinomy, antiphony, dubiety, benignant.