· 4/22/2009
Robison v. Hinkle
Citations
- 610 F. Supp. 2d 533
- 2009 U.S. Dist. LEXIS 34970
- 2009 WL 1106765
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- where a petitioner files other pleadings during the alleged period of incompetency, courts are often unwilling to apply equitable tolling
- “A petitioner’s ability to make other legal filings during the alleged period of his incompetency counsels strongly against allowing equitable tolling of [his] federal habeas petition”
- “[c]ourts have consistently held that a failure to link a mental condition to a failure to file a timely petition is fatal to a petitioner’s claim for equitable tolling”
- a petitioner must allege facts that establish “the existence of ‘a causal relationship between the extraordinary circumstances on which the claim for equitable tolling rests and the lateness of his filing . . . .’”
Source: CourtListener parenthetical corpus (CC0).
Judges: T.S. Ellis
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.