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· 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 CourtListener

Sourced 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.