Sammy Geraci v. Daniel Senkowski, Supt.

How courts have described this case

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

• holding that an attorney’s mistake as to the time remaining to file a habeas petition did not constitute an extraordinary circumstance
• holding coram nobis motion pending until Appellate Division’s filing of order, not until petitioner received notice of it
• noting that the defendant bears the burden of proving an inability to p a y
• stating that a motion is “pending” for AEDPA purposes from the time the motion is filed until it is decided
• dismissing a habeas petition as untimely when the one-year grace period was exceeded by three days
• “With the fifing of the Appellate Division’s coram nobis order, the door of the New York Court of Appeals was closed and further appellate review was unavailable.”

Source: CourtListener parenthetical corpus (CC0).