Nedds v. Calderon, 2012 U.S. App. LEXIS 9148

Nedds was convicted in 1997 of possession of crack cocaine and sentenced to 25-to-life under California Three Strikes.
His conviction became final on June 22, 1999.
He filed multiple state habeas petitions between 1999 and 2000.
Nedds filed a federal §2254 petition on September 10, 2001.
AEDPA gave him a one-year deadline to file, with possible tolling.
The district court dismissed the federal petition as untimely, leading to this appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Nedds is entitled to equitable tolling based on reliance on then-existing Ninth Circuit precedent.	Nedds relied on Ninth Circuit law delaying the AEDPA clock.	Lakey/Velasquez and related rules preclude tolling without actual reliance.	Yes; equitable tolling applies.
Whether Harris and Townsend control over Nino and support tolling despite later overruling by Saffold.	Nedds relied on Harris/ Townsend precedent.	Saffold overruled Nino, limiting tolling.	Harris/ Townsend prevail; tolling permitted.
Whether Lakey and Velasquez bar relief for Nedds' tolling claim.	Harris/Townsend distinguish Lakey; reliance shown.	Lakey bars tolling when not clearly relying on precedent.	Lakey does not bar here; tolling remains.

Nino v. Galaza, 183 F.3d 1003 (9th Cir. 1999) (AEDPA tolling from first state petition to final denial)
Carey v. Saffold, 536 U.S. 214 (U.S. 2002) (Overruled some state-postconviction tolling rules)
Harris v. Carter, 515 F.3d 1051 (9th Cir. 2008) (Equitable tolling when relying on erroneous circuit precedent)
Townsend v. Knowles, 562 F.3d 1200 (9th Cir. 2009) (Equitable tolling for reliance on then-binding precedent)
Lakey v. Hickman, 633 F.3d 782 (9th Cir. 2011) (Addresses reliance and timing; not dispositive against tolling here)
Velasquez v. Kirkland, 639 F.3d 964 (9th Cir. 2011) (Not controlling for situations where Saffold change occurred after state petitions)