· 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 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.