· 2/1/2007
Daniel Andrew Spottsville v. William Terry
Citations
- 476 F.3d 1241
- 2007 U.S. App. LEXIS 2144
- 20 Fla. L. Weekly Fed. C 259
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that equitable tolling was warranted because the petitioner relied on “the misleading 12 USCA11 Case: 19-10331 Date Filed: 03/10/2021 Page: 13 of 13 instructions” of a state court
- noting that equitable tolling “requires the examination of the facts in each case” (internal citation marks omitted)
- holding that a petitioner was entitled to AEDPA equitable tolling where he “relied on the misleading instructions” of and was “affirmatively mis- led” by a state habeas court when the court instructed the peti- tioner to file his appeal with the wrong court
- finding equitable tolling appropriate where the petitioner’s untimely filing was the result of the state court’s misleading instructions
- affirmatively misleading a prisoner to file incorrect documents or in an improper venue or at an improper time
- equitably tolling AEDPA’s statute of limitations where the state habeas court advised a pro se petitioner to file his appeal in the wrong state court, and the petitioner followed the state court’s misleading advice
Source: CourtListener parenthetical corpus (CC0).
Judges: Birch, Pryor, Covington
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.