United States Ninth Circuit

Dismissal of habeas petition as untimely is reversed and remanded for consideration on the merits, where: 1) the petitioner's attorney's misconduct was an extraordinarily circumstance which directly caused the petitioner not to learn that the time for him to file his federal habeas petition had begun until the time was over; and 2) the petitioner exercised reasonable diligence in pursuit of his post-conviction rights both before and after learning of the Nevada Supreme Court's denial of the appeal of his state post-conviction petition.

Appellate Information

• Decided 09/17/2014
• Published 09/17/2014

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel