Does the fact that the appellate counsel failed to identify a potential issue on appeal to the Court of Appeal result in petitioner's untimely filing of his application for federal habeas relief?

Finally, petitioner cannot point to his appellate counsel's alleged errors as the source of his untimely filing of his application for federal habeas relief. Negligence alone is not grounds for equitable tolling. "[Attorney] negligence in general do[es] not constitute extraordinary circumstances sufficient to warrant equitable tolling." Frye v. Hickman, 273 F.3d 1144, 1146 (9th Cir. 2001). More importantly, the fact that petitioner's appellate counsel failed to identify a potential issue on appeal did not cause petitioner's years-long delay in filing a federal habeas

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