· 8/3/2009
Hardy v. Quarterman
Citations
- 577 F.3d 596
- 2009 U.S. App. LEXIS 17193
- 2009 WL 2357023
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that equitable tolling rules govern situations in which the state fails to provide notice of its ruling on a state habeas petition to a petitioner as required by Texas law
- explaining that long delays in receiving notice of state court action may warrant equitable tolling
- noting that, under Texas rules of appellate procedure, “[t]he [Texas Court of Criminal Appeals] is ... legally obligated to notify a petitioner once a decision has been rendered on his habeas petition”
- noting that, under Texas rules of appellate procedure, “[t]he [Texas Court of Criminal Appeals] is . . . legally obligated to notify a petitioner once a decision has been rendered on his habeas petition”
- stating petitioner must establish he pursued habeas relief with “diligence and alacrity both before and after receiving notification” (internal quotation marks and citation omitted)
- analyzing lack of notice of final ruling under equitable, rather than statutory, tolling theory
Source: CourtListener parenthetical corpus (CC0).
Judges: King, Garwood, Davis
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.