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U.S. Court of Appeals for the 9th Circuit

Mar. 24, 2016

Appellate court considers whether to revive habeas appeal filed a day late

The 9th Circuit weighed Tuesday whether to overturn a three-judge panel opinion which held that, even in post-conviction death penalty cases, a lawyer missing a deadline to appeal does not create "extraordinary circumstances" that merit overriding strict appellate timelines.

By Fiona Smith
Daily Journal Staff Writer

SAN FRANCISCO — An Arizona death row inmate challenging his conviction could see his case turned away by the 9th U.S. Circuit Court of Appeals because his lawyer filed his appeal one day late due to a calendaring error.

On Tuesday, an en banc panel of the court weighed whether to overturn a unanimous three-judge panel opinion which held that, even in post-conviction death penalty cases, a...

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