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MIRANDA v. CASTRO

No. 01-56124.

292 F.3d 1063 (2002)

Ibrahn Ben MIRANDA, Petitioner-Appellant, v. Ray CASTRO, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 12, 2002.

Attorney(s) appearing for the Case

Marilee Marshall, Marilee Marshall & Associates, Pasadena, CA, for the petitioner-appellant.

Bill Lockyer, Attorney General of California; Robert R. Anderson, Chief Assistant Attorney General; Pamela C. Hamanaka, Assistant Attorney General; and Deborah J. Chuang and G. Tracey Letteau, Deputy Attorneys General, Los Angeles, CA, for the respondents-appellees.

Before O'SCANNLAIN, RYMER, and THOMAS, Circuit Judges.

OPINION

O'SCANNLAIN, Circuit Judge.

We are asked to decide whether a habeas petitioner's reliance on the erroneous advice of appointed counsel is sufficient to warrant equitable tolling of the one-year statute of limitations on filing a federal habeas corpus petition.

I

Following a jury trial in Los Angeles Superior Court, petitioner Ibrahn Ben Miranda was convicted on two counts of first degree murder and one count of attempted murder...

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