WWW.DISSERTATION.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Dissertations, online materials
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 2 | 3 ||

«GEORGE W. GIBBS, No. 12-16859 Petitioner-Appellant, D.C. No. v. 2:11-cv-00750- KJD-CWH ROBERT LEGRAND, Warden; ATTORNEY GENERAL FOR THE STATE OPINION ...»

-- [ Page 4 ] --

After he learned of the state court decision, Gibbs immediately wrote to Figler. He promptly asked the Nevada Supreme Court for a copy of the order denying his PCR appeal. After he did not hear back from Figler, he fired him and demanded return of his files. And even without knowing GIBBS V. LEGRAND 25 anything about what went on during the three weeks it took Gibbs’s sister to retrieve the files from Figler, three weeks is a reasonable time in which to have contacted Figler, ascertained his availability, and arranged to pick up the files.

After terminating Figler and receiving his files, Gibbs filed a pro se habeas petition in sixty-five days’ time. In Espinoza-Matthews, we granted equitable tolling because the petitioner “had only slightly over a month with his legal file to try to prepare a proper petition.” 432 F.3d at 1028. That Gibbs took slightly more than two months to prepare his federal habeas petition — his “single opportunity for federal habeas review of the lawfulness of his imprisonment” — after diligently pursuing his rights for ten years, does not undercut his overall record of diligence. Holland, 560 U.S. at 653.

Taken as a whole, the record provides ample evidence of Gibbs’s persistent diligence over a period of ten years, often in the face of utter disregard by those charged with representing him. We therefore conclude that Gibbs acted with reasonable diligence both before and after learning of the Nevada Supreme Court’s decision, thereby satisfying the first prong of the Holland equitable tolling inquiry.

III.

Gibbs’s counsel did not inform him that state postconviction proceedings had ended, even though counsel had pledged to do so, even though Gibbs wrote to his counsel repeatedly for updates, and even though time in which to file a federal habeas petition was swiftly winding down. As a direct result, Gibbs did not learn that the time for him to file his federal petition had begun until the time was over. We conclude that his attorney’s misconduct was an extraordinary 26 GIBBS V. LEGRAND circumstance which caused Gibbs’s inability to timely file his federal petition. We are also satisfied that Gibbs exercised reasonable diligence in pursuit of his post-conviction rights.

For these reasons, the judgment of the district court is REVERSED and the matter REMANDED for proceedings not inconsistent with this opinion.

Pages:     | 1 |   ...   | 2 | 3 ||


Similar works:

«Committee on the Study of Religion PhD Student CVs November 2015 Timothy M. Baker 1 Eleanor Craig_ 5 Aaron Goldman 9 Filipe Maia_ 12 Lina Verchery_ 15 Kirsten M.Y. Wesselhoeft 20 Klaus C. Yoder 23 TIMOTHY M. BAKER 576 Cream Street, Thetford Center, Vermont, 05075 Cell: (716) 866-7743 scholar.harvard.edu/tmbaker tbaker@mail.harvard.edu EDUCATION: 2015 Doctor of Theology, Harvard Divinity School: Cambridge, Massachusetts Dissertation: “‘Be You as Living Stones Built Up, A Spiritual House, A...»

«DNA GUIDE DISCOVER. NURTURE. ACT. 04 06 DNA DNA SUMMARY INTRODUCTION 24 APPENDICES This resource was created by Abe Meysenburg and the Soma Tacoma Team. www.somatacoma.org facebook.com/SomaTacoma somatacoma @somatacoma 2 HOW TO USE THIS GUIDE This guide was developed to help equip our DNA groups to be more effective in shepherding and caring for one another. After almost a decade of weekly meetings in pubs, parks, and living rooms, we realized our DNA groups needed a little more guidance and...»

«CONTEMPORARY CHALLENGES TO THE GOSPEL: INCIPIENT GNOSTICISM AND JOHANNINE TEACHING ON THE RESURRECTION A THESIS SUBMITTED TO THE SOUTH AFRICAN THEOLOGICAL SEMINARY IN CANDIDACY FOR THE DEGREE OF MASTER OF THEOLOGY BY NICHOLAS WOODS The opinions expressed in this thesis do not necessarily reflect those of the South African Theological Seminary. CONTEMPORARY CHALLENGES TO THE GOSPEL: INCIPIENT GNOSTICISM AND JOHANNINE TEACHING ON THE RESURRECTION A THESIS SUBMITTED TO THE SOUTH AFRICAN...»

«Moral panics and the social construction of deviant behavior: a theory and application to the case of ritual child abuse. Sociological Perspectives Fall/1998 Victor, Jeffrey S.STATEMENT OF THE PROBLEM The past offers numerous examples of collective behavior during which widespread, fearful rumors and accusations about dangerous deviants resulted in false accusations of crime against many innocent people. Various terms have been used to label this form of collective behavior: persecution,...»





 
<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.