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Name: Frye v. Hickman
Case #: 99-15935
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/06/2001
Subsequent History: None

The one-year statute of limitation for filing a federal habeas corpus petition under AEDPA was not equitably tolled by retained counsel’s negligence in failing to file a timely petition. Since this was not a death penalty case, petitioner had no right to appointed counsel on his habeas petition, and thus retained counsel’s negligence did not make it impossible for petitioner himself to file a timely petition.