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· 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 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.