writ of habeas corpus is granted where:

Fleming v. Evans, No. 06-6110

Sufficiently egregious misconduct on the part of a habeas petitioner's counsel may justify equitable tolling of the Antiterrorism and Effective Death Penalty Act (AEDPA) limitations period. In a domestic abuse, assault, and battery case, an application for a certificate of appealability (COA) from a denial of a petition for a writ of habeas corpus is granted where: 1) there was jurisdiction to review the petition; 2) reasonable jurists would find it debatable whether the district court abused its discretion with respect to equitable tolling and timeliness rulings; and 3) reasonable jurists could debate whether the petition stated a valid constitutional claim of the denial of a constitutional right.