In a murder prosecution, the dismissal of Petitioner's habeas petition is reversed, where 1) Fed. R. Crim. P. 60(b)(6) motions may be predicated on intervening changes in the law; and 2) under Rule 24 of the California Rules of Court, a denial of a habeas petition is not final for 30 days after filing.
Argued and Submitted January 13, 2009
Filed June 25, 2009
Opinion by Judge Reinhardt
Albert Joel Kutchins, Berkeley, CA