· 12/24/2008
Barreto-Barreto v. United States
Citations
- 551 F.3d 95
- 2008 U.S. App. LEXIS 26403
- 2008 WL 5352049
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that \§ 2255 explicitly states that the limitations period 'shall apply' to all motions made under § 2255\
- holding that “the limitations period ‘shall apply’ to all motions made under § 2255”
- holding that “the limitations period ‘shall apply’ to all motions made under § 2255”
- noting that the \extraordinary circumstances\ standard focuses on the circumstances surrounding the late filing of the habeas petition, rather than the circumstances surrounding the underlying action
- holding “the discovery of a new legal theory 3 does not constitute a discoverable ‘fact’ for purposes of § 2255(f)(4)”
- pointing out that “[n]othing in the language of § 2255 suggests that jurisdictional challenges are exempt from the one-year limitations period” and holding that such petitions “are not exempt from § 2255’s filing deadline”
Source: CourtListener parenthetical corpus (CC0).
Judges: Torruella, Howard, Diclerico
Read full opinion on CourtListenerSourced 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.