· 11/1/2018
C.Q.W., A CHILD v. STATE OF FLORIDA
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “A new petition filed in a higher court 16 within 120 days of the lower court's denial will never be considered untimely due to gap delay.”
- “A new petition filed in a higher court 1 within 120 days of the lower court's denial will never be considered untimely due to gap delay.”
- in California, a petitioner may file “a new, original petition for a writ of habeas 13 corpus in [the California Supreme Court] invoking th[e] court’s original jurisdiction”
- “There are no 12 specific time limits for either filing the first [habeas] petition or filing subsequent petitions in a 13 higher court. Instead, California courts employ a reasonableness standard. The claim must 14 generally be presented without substantial delay.”
- “There are no 11 specific time limits for either filing the first [habeas] petition or filing subsequent petitions in a 12 higher court. Instead, California courts employ a reasonableness standard. The claim must 13 generally be presented without substantial delay.”
- “There are no specific time limits for 6 either filing the first [habeas] petition or filing subsequent petitions in a higher court. Instead, 7 California courts employ a reasonableness standard. The claim must generally be presented 8 without substantial delay.”
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.