Skip to main content
· 7/26/2011

Harper v. Ercole

Citations

  • 648 F.3d 132
  • 2011 U.S. App. LEXIS 15513
  • 2011 WL 3084962

How courts have described this case

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

  • holding that a petitioner must demonstrate how a medical condition actually prevented him from filing
  • holding that, while “medical conditions, whether physical or psychiatric, can manifest extraordinary circumstances,” a petitioner must demonstrate how those circumstances prevented them from filing timely
  • holding that a petitioner is “required to show reasonable diligence in pursuing his claim throughout the period he seeks to have tolled”
  • stating that panel is bound by prior decisions of court unless reversed en banc or by Supreme Court
  • explaining that, to “secure equitable tolling,” a party “must . . . demonstrate that [extraordinary] circumstances caused him to miss the original filing deadline”
  • finding that a ninety-eight-day period of hospitalization equitably tolled the statute of limitation for a federal habeas petition

Source: CourtListener parenthetical corpus (CC0).

Judges: McLaughlin, Calabresi, Raggi

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.