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· 6/12/2002

Ibrahn Ben Miranda v. Ray Castro, Warden Attorney General of the State of California

Citations

  • 292 F.3d 1063
  • 2002 Daily Journal DAR 6571
  • 2002 Cal. Daily Op. Serv. 5204
  • 2002 U.S. App. LEXIS 11279

How courts have described this case

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

  • holding that the petitioner’s conviction became final ninety (90) days after the California Supreme Court denied his petition for review
  • holding that equitable tolling was not warranted where a petitioner relied on incorrect advice of former counsel because petitioner had no right to the assistance of counsel regarding post-conviction relief
  • holding that equitable tolling was not warranted where a petitioner relied on incorrect advice of former counsel because petitioner had no right to the assistance of counsel regarding post- conviction relief
  • holding that an attorney's incorrect advice regarding the time in which to file a federal habeas petition did not warrant equitable tolling when the petitioner did not have a right to postconviction counsel
  • stating that “the threshold necessary to trigger equitable tolling 26 [under AEDPA] is very high, lest the exceptions swallow the rule”
  • finding that counsel’s 25 miscalculation and negligence in general do not constitute “extraordinary circumstances” sufficient to warrant equitable tolling

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Scannlain, Rymer, Thomas

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.