Sixth Circuit· 11/28/2011

ATA v. Scutt

Citations

662 F.3d 736
2011 U.S. App. LEXIS 23678
2011 WL 5903658

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 must show “a causal link between the mental condition and untimely filing.”
holding that mental incompetence or incapacity, which prevents the timely filing of a habeas petition, is an extraordinary circumstance that may equitably toll the one-year limitations period
holding that “mental incompetence or incapacity may provide a basis for equitable tolling”
holding that a petitioner’s incompetence can constitute an extraordinary circumstance that tolls the limitations period if the petitioner established mental incompetence and that such incompetence caused the failure to comply with the statute of limitations
holding that a moving party must show not only the existence of mental condition, but also how that condition caused the failure to meet the filing deadline and explaining that “a blanket assertion of mental incompetence is insufficient to toll the statute of limitations.”
noting that “a blanket assertion of mental incompetence is insufficient to toll the statute of limitations” and that “a causal link between the mental condition and untimely filing is required”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gibbons, Stranch, Roth

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Cited by

13 cases in this archive cite this case.

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

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