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· 10/12/2016

Stephen Marshall McLemore v. State

How courts have described this case

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

  • holding that a habeas-corpus petitioner was not entitled to equitable 1 The letters are not admissible under the business-records exception contained in Rule 803(6
  • holding that \mere conclusory allegations of diligence are insufficient and reasonable effort throughout the limitations period is required\ to receive equitable tolling
  • stating that for equitable tolling to apply “reasonable effort throughout the limitations period is required”
  • stating that incompetence to stand trial, standing alone, is “unlikely” to justify equitable tolling
  • affirming denial of equitable tolling where petitioner “fail[ed] to point to anything specific” that prevented him from filing a timely petition
  • affirming denial of equitable tolling to prisoner based on allegations of functional illiteracy even though prison records showed, unlike the records here, that prisoner had “serious mental illness”

Source: CourtListener parenthetical corpus (CC0).

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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.