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· 6/8/2005

Valentino Maghee v. John Ault, Warden

Citations

  • 410 F.3d 473
  • 2005 U.S. App. LEXIS 10556
  • 2005 WL 1342285

How courts have described this case

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

  • finding that the period between the completion of direct review of the state court judgment and the application for post-conviction relief is counted towards the one-year limitation period
  • explaining that the AEDPA’s statute of limitations tolls while state post-conviction proceedings are pending
  • explaining that the AEDPA’s statute of limitations tolls while state post-conviction proceedings are pending
  • rejecting movant's argument that the state court clerk's actions \lulled\ him into inaction
  • “Equitable tolling is appropriate . . . where a defendant’s conduct lulls the prisoner into inaction.”
  • “Equitable tolling is appropriate where extraordinary circumstances beyond a prisoner’s control make it impossible to file a petition on time, or where a defendant’s conduct lulls the prisoner into inaction.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Murphy, Fagg, Benton

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.