Noble

Noble v. Adams

Good Law
676 F.3d 1180·2012 WL 1353564·2012 U.S. App. LEXIS 7919
United States Court of Appeals for the Ninth CircuitApril 19, 201208-17655California1,711 words

Opinion

Opinion

Wallace, J.

Noble, a prisoner of the State of California, appeals from the denial of his petition for a writ of habeas corpus. We review de novo the denial of a petition for a writ of habeas corpus on statute-of-limitations grounds. Delhomme v. Ramirez, 340 F.3d 817, 819 (9th Cir.2003). We have jurisdiction under 28 U.S.C. § 2253 , and we vacate and remand for further proceedings.

I.

Following a jury trial in California Superior Court, Noble was found guilty of one count of aggravated sexual assault of a child under 14, forcible oral copulation, three counts of lewd act on a child under 14, and one count of false imprisonment. The superior court imposed an aggregate prison sentence of 130 years to life. The California Court of Appeal upheld Noble’s conviction and sentence and the California Supreme Court denied his petition for review on direct appeal. The conviction and sentence became final for purposes of the Anti-Terrorism and Effective Death Penalty Act (AEDPA) on July 20, 2004, when the time to petition for certiorari to the United States Supreme Court expired. See 28 U.S.C. § 2244 (d)(1)(A).

On June 23, 2005, Noble mailed a petition for a writ of habeas corpus to the…

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