Legal Opinion

George Gibbs v. Robert Legrand

Court of Appeals for the Ninth Circuit

Decided September 17, 2014No. 12-16859PublishedCited by 112 opinions

1Opinion of the Court

OPINION

BERZON, Circuit Judge:

This case arises from a prisoner’s vigorous pursuit of post-conviction review in the face of egregious misconduct from his court-appointed lawyers. We focus here on one serious episode of attorney misconduct: The failure, despite prisoner-petitioner George Gibbs’s repeated inquiries, to inform Gibbs that the Nevada Supreme Court denied the appeal of his state post-conviction petition. By the time Gibbs learned the fate of his appeal, he had already missed the one-year deadline for filing a federal habeas corpus petition.

We hold that the attorney’s conduct amounted…

2Cases cited19 opinions

  1. Pace v. DiGuglielmoSupreme Court of the United States · 2005
  2. Holland v. FloridaSupreme Court of the United States · 2010
  3. Maples v. ThomasSupreme Court of the United States · 2012
  4. Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
  5. Oscar Socop-Gonzalez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2001

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3Cited by112 opinions

  1. Anthony Smith v. Ron DavisCourt of Appeals for the Ninth Circuit · 2020
  2. Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
  3. Rudin v. MylesCourt of Appeals for the Ninth Circuit · 2014
  4. Willie Grant v. Gary SwarthoutCourt of Appeals for the Ninth Circuit · 2017
  5. Steven Fue v. Martin BiterCourt of Appeals for the Ninth Circuit · 2016

107 more not listed; retrieve them via the Exa API.

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