· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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