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Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling
by Dale Chappell
In a case where habeas counsel purposely waited until it was too late to file a federal habeas corpus petition, the U.S. Court of Appeals for the Eleventh Circuit held on March 31, 2021, that counsel’s actions amounted to “abandonment” and allowed equitable tolling to excuse the ...
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More from this issue:
- Felony Murder: The Crotchet of American Murder Jurisprudence, by Douglas Ankney
- Comply or Die: The Only Truly Compliant Person in a Police State Is a Dead One, by John W. Whitehead
- Reverse Location Warrants Neglect Particularity Requirement, by Casey Bastian
- Cops Increasingly Use Amazon Ring to Target Protestors, by Dale Chappell
- Debunked Bite-Mark Comparison Evidence: Wrongfully Convicted Man Freed After Spending Over 25 Years on Death Row, by Casey Bastian
- $1.4 Million for Nevada Man Wrongly Imprisoned Over 20 Years, by Dale Chappell
- Data: NYPD Still Using Chokeholds Despite Ban, by Kevin Bliss
- New Book Scrutinizes Data-Driven Policing
- Sixth Circuit Orders New Trial and Reassigns Case to Different Judge Where District Court’s Mishandling Deprived Defendants of Meaningful Opportunity to Prove Juror Bias, by Douglas Ankney
- Massachusetts Supreme Judicial Court Invalidates Parole Regulation Prohibiting Aggregation of Life Sentences With Consecutive Sentences, by Matthew Clarke
- It’s Time to Reconsider Consent Searches, by Anthony Accurso
- Austin, Texas, Diverting Funds From Police to Transform Community, by Edward Lyon
- Philadelphia’s Progressive Reform-Minded DA Has Made Tremendous Strides – But Are They Enough to Win Reelection?, by Douglas Ankney
- Extreme Prosecutorial Misconduct Results in Wrist Slap, by Edward Lyon
- Study: Reduced Pretrial Incarceration Doesn’t Diminish Public Safety, by Casey Bastian
- When Police Body Cam Is a ‘Propaganda Tool’, by Edward Lyon
- Internet-Connected Devices and the Fourth Amendment, by Anthony Accurso
- Are Police Playing Copyrighted Music to Prevent Live Streaming?, by Anthony Accurso
- Minnesota Supreme Court Clarifies Meaning of ‘Mentally Incapacitated’ Regarding Consent to Sexual Contact, by Douglas Ankney
- Leaving Digital Trails, by Jayson Hawkins
- Fourth Circuit: Police Description of ‘More Deliberate’ Second Handshake Than First Handshake Doesn’t Give Rise to Reasonable Suspicion of Drug Transaction Justifying Terry Stop, by Douglas Ankney
- Tenth Circuit: Firearm Seizure Not Justified After Inventory Search Is Abandoned, by Anthony Accurso
- Study Shows Innocent People Choose False Guilty Pleas and False Testimony to Gain Benefits, by David Reutter
- Washington Supreme Court Reaffirms Workman’s Lesser Included Offense Test and Clarifies Confusion in its Application, by Douglas Ankney
- Report: Police More Aggressive at Leftwing Rallies, by Kevin Bliss
- Eleventh Circuit: Lawyer’s Purposeful Late Filing of Habeas Petition Grounds for Equitable Tolling, by Dale Chappell
- Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional, by Douglas Ankney
- California Supreme Court Announces Conditioning Pretrial Release on Ability to Afford Bail Unconstitutional, by Douglas Ankney
- Ohio Supreme Court: Touching ‘Fog Line’ Doesn’t Justify Traffic Stop, by Douglas Ankney
- Sixth Circuit Follows Trend of Reigning in Commentary’s Impermissible Expansion of Sentencing Guidelines, by Douglas Ankney
- Nevada Supreme Court Announces Felon’s Possession of Multiple Firearms at One Time and Place Is Only Single Violation of State Statute, by Douglas Ankney
- New Hampshire Supreme Court: Defendant Had Subjective and Objective Expectation of Privacy in Apartment Building’s Utility Closet in Common Areas, Evidence Suppressed, by Anthony Accurso
- Online Records Impose Digital Punishment for Millions, by Anthony Accurso
- Study: Militarizing Police Doesn’t Shrink Crime Rates, by Jayson Hawkins
- Georgia Supreme Court: Cumulative Effect of Trial Errors Requires Reversal of Murder Conviction, by Matthew Clarke
- Fourth Circuit Finally Holds Davis Retroactive, by Dale Chappell
- The Costs of the War on Drugs, by Jayson Hawkins
- Tennessee Supreme Court Clarifies Inevitable Discovery Doctrine in Raid of Home to Execute Arrest Warrant, by Anthony Accurso
- $27 Million Settlement for George Floyd’s Family, by Jayson Hawkins
- Texas Court of Criminal Appeals: Speculation Insufficient to Trigger ‘Forfeiture by Wrongdoing’ Exception to Confrontation Clause, by Dale Chappell
- Second Circuit: No Qualified Immunity for Police Detaining and Frisking Man Based Solely on Unconfirmed Hunch, by Matthew Clarke
- Colorado Supreme Court Suppresses Evidence on Cellphone Obtained Via Invalid Warrant, Not Cured by Obtaining Second Valid Warrant, by Anthony Accurso
- News in Brief
More from Dale Chappell:
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
- Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, Feb. 15, 2023
More from these topics:
- Massachusetts Supreme Judicial Court: Defense Counsel Had Actual Conflict of Interest Where Own Performance During Police Interview of Defendant Could Serve as Basis of Motion to Suppress Based on Ineffective Assistance of Counsel, New Trial Required W, March 15, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Conflict of Interest.
- Third Circuit Grants Habeas Relief to Prisoner on Confrontation Clause and Ineffective Assistance Claims Based on Trial Court Reading Entire Criminal Information Into the Record of Co-Conspirator Who Pleaded Guilty, Feb. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Exculpatory No Doctrine, Confrontation Clause/Rights, Witnesses - Prior Statements/Testimony, Plea Agreements/Guilty Pleas.
- Ninth Circuit: Defense Counsel Ineffective for Failing to Move to Suppress Evidence Obtained as a Result of Police Officer Trespassing on Curtilage of Defendant’s Home, Feb. 1, 2025. Ineffective Assistance of Counsel, Motions To Suppress, Searches - Home/Curtilage, Suppression.
- Second Rapper Stabbed in Atlanta Jail During Record-Long Trial, Jan. 15, 2025. Prison Gangs, Overcrowding, Speedy Trial Clock - Tolling of, Civil Rights Violations.
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025. Habeas Corpus, Ineffective Assistance of Counsel, Constitutional Challenges/Law.
- Third Circuit Announces Claim of Innocence Does Not Resolve Whether Defendant Would Have Accepted Plea Offer Absent Counsel’s Error and Holds Counsel Ineffective for Failing to Properly Advise Defendant About Mandatory Sentences If Plea Offer Rejected, Dec. 15, 2024. Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Mandatory Minimum Sentence, Plea Agreements/Guilty Pleas, Rejection.
- In Oregon Case, Ninth Circuit Limits Pretrial Detention Without Counsel to Seven Days, Nov. 15, 2024. Appointment of Counsel, Pretrial Detention and Detainees, Speedy Trial Clock - Tolling of.
- Delaware Supreme Court: Counsel Ineffective for Failing to Challenge Search of Cellphone Where Consent Was Ambiguous and Warrant Constituted a General Warrant, Nov. 1, 2024. Ineffective Assistance of Counsel, Searches - Cellphones/Computers/Internet, Warrants - Requirements/Scope/Exceptions.
- Arizona Supreme Court Allows Third PCR Motion Based on IAC for Erroneous Advice About Parole Eligibility Due to ‘Pervasive Confusion’ Regarding Parole Within Legal Community, Nov. 1, 2024. Parole, Ineffective Assistance of Counsel, Remands/Rehearings/Resentencings.
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, Oct. 1, 2024. Habeas Corpus, Felon in Possession Statute, Ineffective Assistance of Counsel, Murder/Felony Murder.