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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.