Legal Opinion
Brian David Frye v. R. Hickman, Warden Attorney General of the State of California
Court of Appeals for the Ninth Circuit
Decided December 3, 2001No. 99-15935PublishedCited by 179 opinions
1Opinion of the Court
ORDER AND AMENDED OPINION
SCHROEDER, Chief Judge:
ORDER
The Opinion filed August 6, 2001, is amended as follows:(1) Delete entire paragraph following headnote [8], Slip Opinion, page 10167;(2) In its place, substitute the following paragraph:
We conclude that the miscalculation of the limitations period by Frye’s counsel and his negligence in general do not constitute extraordinary circumstances sufficient to warrant equitable tolling. See Harris v. Hutchinson, 209 F.3d 325, 330-31 (4th Cir.2000)(AEDPA statute of limitations not equitably tolled by lawyer’s mistake resulting in missed deadline,…
2Cases cited5 opinions
- Percy Stanley Harris v. Ronald Hutchinson, Warden, Maryland House of Corrections J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
- Jesus Nino v. George Galaza, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Calderon v. United States District CourtCourt of Appeals for the Ninth Circuit · 1997
- Anthony Lewis Whalem/hunt v. Rchard Early, WardenCourt of Appeals for the Ninth Circuit · 2000
- Steven Taliani v. James Chrans, WardenCourt of Appeals for the Seventh Circuit · 1999
3Cited by179 opinions
- Kenneth Bernard Rouse v. R.C. Lee, Warden, Central Prison, Raleigh, North CarolinaCourt of Appeals for the Fourth Circuit · 2003
- Ibrahn Ben Miranda v. Ray Castro, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
- Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003
- Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
- Porter v. OllisonCourt of Appeals for the Ninth Circuit · 2010
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