Bruce Wade Blair v. Jacqueline Crawford

Bruce Blair (“Blair”) appeals the district court’s dismissal of his habeas corpus petition as untimely. Blair argues that his application, submitted to the Nevada Supreme Court, for an extraordinary writ was properly filed and thus tolled the Anti-Terrorism and Effective Death Penalty Act of 1996’s (“AEDPA”) one-year limitations period. 28 U.S.C. § 2244 (d)(1), (2) (2000). If tolled, he contends, his petition was timely. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We agree that Blair’s petition for an extraordinary writ to the Nevada Supreme Court was properly filed and REVERSE and REMAND.

I

BACKGROUND

In June 1990, a jury convicted Blair of burglary, attempted sexual assault with the use of a deadly weapon, and sexual assault with the use of a deadly weapon. Blair unsuccessfully appealed his conviction to the Nevada Supreme Court, and the conviction became final in June 1991. In June 1992, Blair filed a petition for post-conviction relief in the Second Judicial District Court of Nevada. After that court denied the petition, Blair appealed to the Nevada Supreme Court, which dismissed the appeal on November 7, 1996.

In November 1997, Blair sought federal…