Skip to main content
· 10/24/2011

Doe v. Busby

Citations

  • 661 F.3d 1001
  • 2011 WL 5027506

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that an attorney’s misconduct must be “a sufficiently egregious misdeed like malfeasance or failing to fulfill a basic duty of client representation” to warrant equitable tolling
  • explaining that an attorney’s misconduct must be “a sufficiently egregious misdeed like malfeasance or failing to fulfill a basic duty of client representation” to warrant equitable tolling
  • explaining that petitioner’s educational level should be considered in determining whether it was reasonable to expect him to realize that his counsel was performing inadequately and attempt to obtain alternate assistance or to litigate himself
  • explaining that egregiously “unprofessional attorney behavior” can constitute an extraordinary circumstance
  • permitting equitable tolling for an attorney who did not file a habeas petition, despite promises to the contrary, and took six months to return requested files
  • finding petitioner reasonably diligent where he maintained consistent contact with his attorney about the case during the relevant period and his attorney misled him for 28 several years about the status of his case

Source: CourtListener parenthetical corpus (CC0).

Judges: Pregerson, Beezer, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.