LeGrand v. Gibbs

Petition for certiorari denied on March 30, 2015
Docket No. Op. Below Argument Opinion Vote Author Term
14-896 9th Cir. N/A N/A N/A N/A OT 2014

Issue: Whether, after granting a state habeas corpus petitioner 161 days of equitable tolling for the extraordinary circumstance of attorney abandonment which led to the expiration of the one-year limitation period, thereby restoring the inmate to his pre-abandonment legal position, the Ninth Circuit applied a novel and unauthorized standard to grant a second period of equitable tolling that required neither extraordinary circumstances nor post-notice due diligence, creating an intra-circuit split of authority with Rudin v. Myles, and a split of authority between the Ninth Circuit and sister circuits in decisions that apply both prongs of Holland v. Florida, including the Second, Third, Fifth, Eighth, Tenth and Eleventh Circuits.

DateProceedings and Orders (key to color coding)
Jan 21 2015Petition for a writ of certiorari filed. (Response due February 25, 2015)
Feb 24 2015Brief of respondent George W. Gibbs in opposition filed.
Feb 24 2015Motion for leave to proceed in forma pauperis filed by respondent George W. Gibbs.
Mar 11 2015DISTRIBUTED for Conference of March 27, 2015.
Mar 18 2015Supplemental brief of petitioners Robert LeGrand, Warden, et al. filed. (Distributed)
Mar 30 2015Motion for leave to proceed in forma pauperis filed by respondent GRANTED.
Mar 30 2015Petition DENIED.
 
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