Gibbs v. LeGrand

Petitioner, convicted of crimes ranging from manufacture of a controlled substance to possession of child pornography, appealed the district court's dismissal of his habeas petition because it was time-barred. In this case, petitioner's counsel did not inform him that state post-conviction proceedings had ended, even though counsel had pledged to do so, even though petitioner wrote his counsel repeatedly for updates, and even though time in which to file a federal habeas petition was swiftly winding down. Consequently, petitioner did not learn that the time for him to file his federal petition had begun until the limitations period was over. The court concluded that counsel's misconduct was an extraordinary circumstance which caused petitioner's inability to timely file his federal petition, and that petitioner exercised his reasonable diligence in pursuit of his post-conviction rights. Accordingly, the court reversed and remanded for further proceedings. View "Gibbs v. LeGrand" on Justia Law