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No. 8645570
United States Court of Appeals for the Ninth Circuit
Bakke v. Kane
No. 8645570 · Decided November 26, 2007
No. 8645570·Ninth Circuit · 2007·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
November 26, 2007
Citation
No. 8645570
Disposition
See opinion text.
Full Opinion
MEMORANDUM * Michael David Bakke (“Bakke”) appeals the district court’s dismissal of his petition for a writ of habeas corpus as barred by the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). See 28 U.S.C. § 2244 (d)(1). On appeal, Bakke contends that he is entitled to equitable tolling due to mental incompetency, or, at the least, an evidentiary hearing to establish his mental incompetency. Although mental incompetency is an “extraordinary circumstance” that may justify equitable tolling of the AEDPA’s statute of limitations, see Laws v. Lamarque, 351 F.3d 919, 922-23 (9th Cir.2003), this case is squarely governed by Gaston v. Palmer, 417 F.3d 1030, 1034-35 (9th Cir.2005), amended by 447 F.3d 1165 (9th Cir.2006). Therefore, the judgment of the district court is AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM * Michael David Bakke (“Bakke”) appeals the district court’s dismissal of his petition for a writ of habeas corpus as barred by the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (“AE
Key Points
01MEMORANDUM * Michael David Bakke (“Bakke”) appeals the district court’s dismissal of his petition for a writ of habeas corpus as barred by the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (“AE
02On appeal, Bakke contends that he is entitled to equitable tolling due to mental incompetency, or, at the least, an evidentiary hearing to establish his mental incompetency.
03Although mental incompetency is an “extraordinary circumstance” that may justify equitable tolling of the AEDPA’s statute of limitations, see Laws v.
04Lamarque, 351 F.3d 919, 922-23 (9th Cir.2003), this case is squarely governed by Gaston v.
Frequently Asked Questions
MEMORANDUM * Michael David Bakke (“Bakke”) appeals the district court’s dismissal of his petition for a writ of habeas corpus as barred by the one-year statute of limitations of the Antiterrorism and Effective Death Penalty Act of 1996 (“AE
FlawCheck shows no negative treatment for Bakke v. Kane in the current circuit citation data.
This case was decided on November 26, 2007.
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