Zepeda v. Walker, No. 08-56085

In an attempted murder prosecution, dismissal of petitioner's habeas petition as untimely is affirmed where the verification requirement for a California habeas petition was so important under California law that, where a petitioner is denied the opportunity to provide a verification upon filing, he must provide one prior to any judicial proceeding.

Read Zepeda v. Walker, No. 08-56085

Appellate Information

Submitted September 1, 2009

Filed September 10, 2009

Judges

Opinion by Judge Tallman

Counsel

For Petitioner:

Lorilee M. Gates, Pasadena, CA

For Respondent:

Kenneth C. Byrne, Supervising Deputy Attorney General, Los Angeles, CA

Michael R. Johnsen, Deputy Attorney General, Los Angeles, CA