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· 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 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.