Riva v. Ficco

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• considering newly presented evidence \of opinions from a psychiatric expert that [petitioner] recently retained\
• noting admonition to \consider a claim of actual innocence 'in light of all the evidence'\ (quoting Schlup, 513 U.S. at 328)
• involving an appeal after remand to develop factual record of whether there was “some causal” link between petitioner’s mental illness and failure to file timely habeas petition
• affirming district court’s conclusion that habeas petitioner’s “organized and comprehensible pursuit” of other proceedings “tends to indicate that [petitioner] had a similar capacity to pursue his legal affairs during the tolling period” (quotation omitted)
• affirming district court’s conclusion that habeas petitioner’s “organized and comprehensible pursuit” of other proceedings “tends to indicate that [petitioner] had a similar capacity to pursue his legal affairs during the tolling period” (quotation omitted)
• “Neither we nor the Supreme Court has decided whether an insanity defense, if proven, amounts to proof of actual innocence and thus a basis for passing through the gateway the AEDPA leaves open to late filers.”

Source: CourtListener parenthetical corpus (CC0).