Cross v. Sisto, 676 F.3d 1172 (9th Cir. Apr. 2012) (district court did not correctly apply California law in determining that the California Supreme Court's denial of the appellant's state petition with citation to Ex parte Swain, 209 P.2d 793 (Cal. 1949), and People v. Duvall, 886 P.2d 1252 (Cal. 1995), necessarily meant that the appellant's petition before the California Supreme Court was untimely).