Can a habeas petitioner obtain equitable tolling by showing egregious attorney conduct (attorney misled petitioner about his right to appeal)?
MultiRegion, United States of America
The following excerpt is from Nennig v. Merickel, No. 1:18-cv-00691-JDP (HC) (E.D. Cal. 2019):
attorney misled petitioner about his right to appeal).2 In limited circumstances, a habeas petitioner can obtain equitable tolling by showing egregious attorney conduct, see Luna v. Kernan, 784 F.3d 640, 648 (9th Cir. 2015), but the court is satisfied that petitioner has not shown any such conduct here.
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