Larry Chatman v. Rick Hill

dissenting:

I respectfully dissent on two grounds. First, the majority errs in applying the de novo standard of review to the district court’s factual determination of mental incompetency. Reviewed through the lens of deference owed to a district court’s factual determinations, I conclude that the district court’s finding was not clearly erroneous and should be affirmed. Second, even if the district court’s findings regarding the severity of Mr. Chatman’s mental illness were clearly erroneous, the majority also errs in reversing the district court’s judgment while factual issues remain to be determined in the first instance by the district court. To reach its result, the majority improperly exceeds this court’s appellate function by independently making a factual finding for the first time on appeal: that Mr. Chatman was diligent in pursuing his claims.

I.

A district court’s determination regarding the severity of a petitioner’s mental incapacity, in the context of an equitable tolling analysis, is a factual determination. Accordingly, our court has consistently applied the clear error review standard to such determinations. Stancle v. Clay, 692 F.3d 948, 958 (9th Cir.2012)…

*727 MEMORANDUM *

Larry A. Chatman appeals the district court’s dismissal of his habeas petition as untimely and argues he is entitled to equitable tolling on the basis of his mental illness. A petitioner is entitled to equitable tolling on the basis of mental impairment when: (1) his mental impairment was “so severe” that he was either unable to “understand the need to timely file” or unable to “personally prepare a habeas petition and effectuate its filing” and (2) he was diligent in “pursuing the claims to the extent he could understand them, but that [his] mental impairment made it impossible to meet the filing deadline under the totality of the circumstances, including reasonably available access to assistance.” Bills v. Clark, 628 F.3d 1092, 1100 (9th Cir.2010).

Chatman produced uncontroverted evidence demonstrating a long history of mental illness, including a report by a psychiatric expert, Social Security Administration disability records, and prison medical records. Chatman has been diagnosed with psychotic disorder, paranoid schizophrenia, alcohol-induced persisting dementia, alcohol abuse disorder, and antisocial personality disorder. The records also indicate that…

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS FILED

FOR THE NINTH CIRCUIT NOV 26 2014

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

LARRY A. CHATMAN, No. 12-15461

Petitioner - Appellant, D.C. No. 2:10-cv-00264-KJM-

CKD

v.

RICK HILL, Warden, MEMORANDUM*

Respondent - Appellee.

Appeal from the United States District Court for the Eastern District of California Kimberly J. Mueller, District Judge, Presiding

Argued and Submitted September 11, 2014 San Francisco, California

Before: WALLACE, SCHROEDER, and W. FLETCHER, Circuit Judges.

Larry A. Chatman appeals the district court’s dismissal of his habeas petition

as untimely and argues he is entitled to equitable tolling on the basis of his mental

illness. A petitioner is entitled to equitable tolling on the basis of mental

impairment when: (1) his mental impairment was “so severe” that he was either

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. unable to “understand the need to timely file” or unable to…