GIBBS v. LEGRAND

No. 12-16859.

767 F.3d 879 (2014)

George W. GIBBS, Petitioner-Appellant, v. Robert LEGRAND, Warden; Attorney General for the State of Nevada, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 17, 2014.


Attorney(s) appearing for the Case

Megan C. Hoffman (argued), Debra A. Bookout , and Ryan Norwood , Assistant Federal Public Defenders, Las Vegas, NV, for Petitioner-Appellant.

Before: SIDNEY R. THOMAS, RAYMOND C. FISHER, and MARSHA S. BERZON, Circuit Judges.


OPINION

BERZON, Circuit Judge:

This case arises from a prisoner's vigorous pursuit of post-conviction review in the face of egregious misconduct from his court-appointed lawyers. We focus here on one serious episode of attorney misconduct: The failure, despite prisoner-petitioner George Gibbs's repeated inquiries, to inform Gibbs that the Nevada Supreme Court denied the appeal of his state post-conviction petition. By the time Gibbs learned the fate of his...

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