· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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