Baer
Baer v. Director California Department of Corrections
Opinion
Lead Opinion
MEMORANDUM **
We affirm the dismissal of Ronna Baer’s habeas corpus petition. We agree with the district court that Baer, who filed her petition on June 23, 2004, missed her one-year statute of limitations under AEDPA, 28 U.S.C. § 2244 (d), and was not entitled to tolling.
Because Baer’s conviction preceded AEDPA, her one-year statute of limitations period began in April 1997. Baer, however, argues that her limitations period did not start until June 2003, when, according to her, she first discovered the factual predicate of her habeas claim. See 28 U.S.C. § 2244 (d)(1)(D); Hasan v. Galaza, 254 F.3d 1150, 1155 (9th Cir.2001). During her 2003 parole hearing, the prosecutor allegedly mischaracterized her 1982 conviction for second-degree murder by describing it as an execution-style killing more suggestive of first-degree murder. Baer argues that the prosecutor breached the terms of her plea agreement and utilized false information.
As the district court recognized, the prosecutor made the same statements at Baer’s February 2000 parole hearing. Baer could have discovered, by exercising due diligence, the factual predicate of her claim of prosecutorial misconduct and breach of…