Bonner

Background

Bonner was convicted of first degree murder in 1983. He unsuccessfully sought habeas relief in the California courts in 1990 and 1991. In 1995, he filed a new habeas petition in Los Angeles Superior Court. Based on what he deemed newly dis- covered evidence, Bonner alleged that he was deprived of the effective assistance of counsel.

For some reason not apparent from the record, the superior court did not act on Bonner’s 1995 petition for two years. In the intervening time, Congress passed AEDPA. AEDPA’s one year statute of limitations began running on April 24, 1996,5 while Bonner was waiting for the superior court to act.

In 1997, apparently frustrated by the court’s delay, Bonner re-filed the claims from his 1995 petition in a new document that he entitled “request for a rehearing.” Although the supe- rior court still had not ruled on his 1995 petition, the court denied the 1997 petition for rehearing in a minute entry dated February 25, 1997. It offered the following four reasons for the denial: (1) the petition presented no legally cognizable claim; (2) no new evidence suggested that there was a reason- 3 See 28 U.S.C. § 2244(d)(1). 4 By “mixed,” we mean that…