· 11/18/2009
Hunter v. Ferrell
Citations
- 587 F.3d 1304
- 2009 U.S. App. LEXIS 25290
- 2009 WL 3837865
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that mental retardation that affects a pro se petitioner’s ability to file a habeas petition on time will justify equitable tolling
- holding that mental retardation that affects a pro se petitioner’s ability to file a hábeas petition on time will justify equitable tolling
- holding that mental retardation that affects a pro se petitioner’s ability to file a habeas petition on time will justify equitable tolling
- stating that “the alleged mental impairment must have affected the petitioner’s ability to file a timely habeas petition”
- explaining that a petitioner’s alleged mental impairment “is not per se a reason to toll a statute of limitations” but rather “must have affected the petitioner’s ability to file a timely habeas petition”
- finding petitioner’s allegations that “mental retardation prevented him from understanding his rights and obligations under the AEDPA and acting upon them in a timely fashion” plausible when corroborated by pretrial medical evaluation indicating mental incapacity
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Wilson, Fay
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.