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· 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 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.