· 12/30/2002
Wade Johnson v. Roy L. Hendricks, Attorney General of the State of New Jersey
Citations
- 314 F.3d 159
- 2002 U.S. App. LEXIS 27296
- 2002 WL 31888191
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 petitioner’s receipt of erroneous advice from counsel regarding the deadline for filing a federal habeas corpus petition did not warrant equitable tolling
- holding that a petitioner's receipt of erroneous advice from counsel regarding the deadline for filing a federal habeas corpus petition did not warrant equitable tolling
- holding that attorney’s mistake in determining date habeas petition is due does not constitute extraordinary circumstances for purposes of equitable tolling
- holding that while the tolling provision excludes time during which a properly filed state PCR is pending, it does not reset the date from which the one-year limitations period begins to run
- rejecting equitable tolling where petitioner relied on incorrect advice from his state public defender as to when he could file his federal habeas petition
- rejecting the petitioner’s argument that he established “extraordinary circumstances” because he relied upon his attorney’s erroneous advice regarding the expiration of the AEDPA’s statute of limitations.
Source: CourtListener parenthetical corpus (CC0).
Judges: Sloviter, Fuentes, Fullam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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