· 8/29/2017
Tony L. Pagador v. Trustmark National Bank
Citations
- 225 So. 3d 571
- 2017 WL 3720737
- 2017 Miss. App. LEXIS 518
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 judicial decision interpreting the law does not constitute a “new fact” for purposes of § 2255(f)(4)
- stating that because petitioner’s § 2255 was time-barred, the court would not reach whether his claims were “procedurally defaulted or analyze the claim on its merits”
- distinguishing between new facts and interpretations of law, concluding that the latter do not give rise to § 2255(f)(4) tolling
- “To be entitled to invoke the statute of limitations contained in section 2255(f)(4), we have said that a petitioner must show the existence of a new fact, while also demonstrating that he acted with diligence to discover the new fact.” (citation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Lee, Carlton, Westbrooks, Irving, Ishee, Barnes, Wilson, Fair, Greenlee, Not'
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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