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· 7/25/2011

Chavez v. Secretary Florida Department of Corrections

Citations

  • 647 F.3d 1057
  • 2011 U.S. App. LEXIS 15287
  • 2011 WL 2990060

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that an attorney’s failure to act quickly enough to allow timely filing of a federal habeas petition is not in itself sufficient to warrant equitable tolling
  • opining a petitioner bears the burden of establishing the need for an evidentiary hearing with more than speculative and inconcrete claims of need
  • opining a petitioner bears the burden of establishing the need for an evidentiary hearing with more than speculative and inconcrete claims of need
  • “Making district courts dig through volumes of documents and transcripts would shift the burden of sifting from petitioners to the courts. . . . [A] district court cannot be expected to do a petitioner’s work for [her].”
  • “[D]istrict court judges are not required to ferret out delectable facts buried in a massive record . . . .”
  • “With a typically heavy caseload and always limited resources, a district court cannot be expected to do a petitioner’s work for him.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Carnes, Wilson, Martin

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.