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Fourth Circuit: Evidentiary Hearing Required Where Prisoner’s Allegation of Mental Illness, if True, Is Sufficient to Demonstrate ‘Extraordinary Circumstances’ Warranting Both Rule 60(b)(6) Relief and Tolling of Habeas SOL

Loaded on Jan. 15, 2024 by Douglas Ankney published in Criminal Legal News January, 2024, page 48
Filed under: New Trial Motions, AEDPA, Mental Health, Statutes of Limitation and Laches, Tolling of Statutes of Limitations and Laches. Location: Virginia.

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that an evidentiary hearing was required where Berman Justus, Jr.’s, allegation of mental illness, if true, was sufficient to demonstrate extraordinary circumstances warranting relief under Rule 60(b)(6) of the Federal Rules of Civil Procedure and equitable tolling ...

 

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  2. California Court of Appeal: Probation Condition Prohibiting Possession of Pornography Impermissibly Vague, by Douglas Ankney
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  11. Second Circuit: Money Concealment Guilty Plea Vacated for Lack of Evidence to Support Factual Finding of Required Mens Rea, by David Reutter
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  17. Sixth Circuit: Trial Judge’s Personal and Condemnatory Remarks Directed Toward Defendant Requires Recusal, by Douglas Ankney
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