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· 10/3/2007

Laurson v. Leyba

Citations

  • 507 F.3d 1230
  • 2007 U.S. App. LEXIS 23372
  • 2007 WL 2874444

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 state inmate’s claim that his guilty plea was involuntary was not a claim of factual innocence necessary to equitably toll the statutory period
  • holding that when the district court denies habeas relief based on timeliness, the court of appeals can issue a certificate of appealability only if the district court’s ruling on timeliness is at least reasonably debatable
  • holding that when the district court denies a habeas petition based on timeliness, the court of appeals can issue a certificate of appeala-bility only if the district court’s ruling on timeliness is at least reasonably debatable
  • recognizing that unfamiliarity with the English language does not toll limitations period
  • noting that actual innocence means factual innocence and that petitioner's claim his guilty plea was involuntary did not assert actual innocence
  • noting that COA is required to appeal denial of a true Rule 60(b) motion filed in a habeas proceeding

Source: CourtListener parenthetical corpus (CC0).

Judges: Lucero, Hartz, Gorsuch

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.