· 9/5/2017
Alexandra Ottaviano, Administratrix v. Tiffany R. Durst
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a petitioner’s § 2254 petition was untimely because his “resentenc- ing did not impose a new judgment as to the undisturbed counts of conviction” which he sought to challenge
- holding that a petitioner’s § 2254 petition was untimely because his “resentenc- ing did not impose a new judgment as to the undisturbed counts of conviction” which he sought to challenge
- analyzing when a resentencing results in a new judgment as to every count of a conviction or only some counts of a conviction
- analyzing when a resentencing results in a new judgment as to every count of a conviction or only some counts of a conviction
- “[The issue] is whether, where some but not all counts of conviction are disturbed on appeal or in post-conviction proceedings, the defendant’s eventual resentencing is a new judgment as to the undisturbed counts of conviction. We conclude the answer is no.”
Source: CourtListener parenthetical corpus (CC0).
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.