· 11/3/2003
Sergey Spitsyn v. Robert Moore, Warden
Citations
- 345 F.3d 796
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “sufficiently egregious” 26 attorney misconduct may constitute an extraordinary circumstance for purposes of equitable tolling of AEDPA’s statute of limitations (citations omitted)
- holding that a similar combination of misconduct was 'sufficiently egregious to justify equitable tolling'
- holding that the burden is on the petitioner for the writ of habeas corpus to show that the exclusion applies and that the “extraordinary circumstances” alleged, rather than a lack of diligence on his part, were the proximate cause of the untimeliness
- explaining that equitable tolling is available only when the extraordinary 15 circumstances were the cause of the petitioner’s untimeliness
- explaining that equitable tolling is available only when the extraordinary circumstances 8 were the cause of the petitioner’s untimeliness
- explaining that equitable tolling is available only when the extraordinary circumstances 19 were the cause of the petitioner’s untimeliness
Source: CourtListener parenthetical corpus (CC0).
Judges: Alarcón, Gould, Clifton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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