· 6/11/2002
Alexander v. Cockrell
Citations
- 294 F.3d 626
- 2002 WL 1277585
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that equitable tolling “will not be applied where the applicant failed to diligently pursue” relief
- finding that the court’s prior decision suggested that Alexander could re-file a petition in federal court after exhausting his state remedies and the district court did not abuse its discretion in applying equitable tolling
- “Courts must consider the individual facts and circumstances of each case in determining whether equitable tolling is appropriate.”
- “The petitioner bears the burden of proof concerning equitable tolling . . . .” (citation omitted)
- equitable tolling allowed when circuit court’s previous opinion misled petitioner by stating he could later file for habeas relief
- petitioner has burden of demonstrating exceptional circumstances warranting equitable tolling
Source: CourtListener parenthetical corpus (CC0).
Judges: Higginbotham, Clement
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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