Robinson v. Lewis, 2020 WL 4045925, Supreme Court of California, S228137, July 20, 2020
A challenge to a state judgment of conviction through a petition for a writ of habeas corpus in state court must present each claim in a timely fashion. However, California law does not fix a determinate deadlines. An indeterminate ‘reasonableness’ standard is used to assess whether a claim was presented in a timely manner. In this case, Robinson, a prison inmate filed a petition for a writ of habeas corpus challenging his state court judgment in the superior court. Sixty days after the court denied the petition, he filed a new petition for a writ of habeas corpus in the Court of Appeal raising the same claims. The Court of Appeal denied the petition and he filed a new original petition for a writ of habeas corpus in the Supreme Court. After a denial by the Supreme Court, he filed a petition for a writ of habeas corpus in federal district court challenging the same judgment. The petition was denied, and Robinson appealed to the United States Court of Appeals for the Ninth Circuit.
Federal time limits and timely filing in state courts-Ninth Circuit Request for clarification.