Benny Williams v. J. Walker

MEMORANDUM

Petitioner-Appellant Benny Williams challenges the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

Williams’ petition was timely under the AEDPA. Although the California Supreme Court denied his petition with a citation to In re Clark, 5 Cal.4th 750 , 21 Cal.Rptr.2d 509 , 855 P.2d 729 (1993), this alone is not a sufficient indication that the court’s citation to Clark was meant to infer that the petition was found to be untimely because there was no specific pinpoint citation. The Clark opinion is lengthy and also addresses procedural bars against piecemeal presentation of claims, “abuse of the writ,” as well as representation of claims that were previously resolved on direct appeal. In re Clark, 5 Cal.4th at 764-82 , 21 Cal.Rptr.2d 509 , 855 P.2d 729 . Accordingly, it is unclear why the state court denied the petition and the federal court must conduct an independent inquiry to determine if the state habeas petition was filed within a “reasonable time.” Evans v. Chavis, 546 U.S. 189, 198 , 126 S.Ct. 846 , 163 L.Ed.2d 684 (2006). Finding that all…