LeGrand v. Gibbs

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.