· 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 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.