Whalem/Hunt v. Early, No. 99-55627 (9th Cir.) (233 F.3d 1146) (December 7, 2000) (Per Curiam)
Loaded on Dec. 1, 2000
published in Punch and Jurists
December 18, 2000
Filed under:
Punch And Jurists,
Tolling of Statutes of Limitations and Laches.
Here the en banc court held that it was error to dismiss as untimely a prisoner's habeas petition without giving him a hearing to allow him to prove that the absence of adequate materials in the law library constituted an "impediment" under 28 USC 2244(d).
This is a decision that ...
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More from this issue:
- U.S. v. Lawal, No. 00-1104 (7th Cir.) (231 F.3d 1045) (November 1, 2000) (Judge William J. Bauer)
- U.S. v. Baltas, No. 99-1547 (1st Cir.) (236 F.3d 27) (January 2, 2001) (Judge Salvador E. Casellas)
- U.S. v. Loy, No. 99-3827 (3rd Cir.) (237 F.3d 251) (January 4, 2001) (Judge Edward R. Becker)
- U.S. v. Hernandez, No. 00-1537 (7th Cir.) (231 F.3d 1087) (November 9, 2000) (Judge Daniel A. Manion)
- U.S. v. Gracidas-Ulibarry, No. 98-50610 (9th Cir.) (231 F.3d 1188) (November 7, 2000) (Judge Raymond C. Fisher)
- King v. Morrison, No. 00-1533 (8th Cir.) (231 F.3d 1094) (November 7, 2000) (Judge Gerald W. Heaney)
- Whalem/Hunt v. Early, No. 99-55627 (9th Cir.) (233 F.3d 1146) (December 7, 2000) (Per Curiam)
- U.S. v. Varoudakis, No. 99-1696 (1st Cir.) (233 F.3d 113) (December 4, 2000) (Judge Kermit A. Lipez)
- U.S. v. Syrax, No. 99-50753 (9th Cir.) (235 F.3d 422) (December 13, 2000) (Judge A. Wallace Tashima)
- U.S. v. LaFreniere, No. 99-1318 (1st Cir.) (236 F.3d 41) (January 2, 2001) (Judge Salvador E. Casellas)
- Garner v. Jones, No. 99-137 (U.S. Supreme Court) (529 U.S. 244; 120 S.Ct. 1362) (March 28, 2000) (Justice Kennedy)
More from these topics:
- Oregon Supreme Court Announces ‘Escape Clause’ of Postconviction Relief Statute’s SOL Applies to Severe Mental Impairments During Limitations Period, March 15, 2024. Habeas Corpus, Involuntary Treatment/Drugging, Civil Commitment, Tolling of Statutes of Limitations and Laches.
- 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, Jan. 15, 2024. New Trial Motions, AEDPA, Mental Health, Statutes of Limitation and Laches, Tolling of Statutes of Limitations and Laches.
- Indiana Supreme Court: Petitioner Entitled to File Belated Appeal More Than 21 Years After Conviction, Holding He Acted ‘Promptly’, June 15, 2023. Appeals/Appellate Jurisdiction, Ineffective Assistance of Counsel, Notice of Appeal/Appeal Rights, Tolling of Statutes of Limitations and Laches.
- Texas Court of Criminal Appeals: Although Subsequent Indictment Recites Same Language as Original Indictment, SOL Isn’t Tolled Where Subsequent Indictment Fails to Charge Same Conduct, Act, or Transaction, Feb. 15, 2022. Tolling of Statutes of Limitations and Laches.
- California Court of Appeal: Peremptory Challenge to Judge in Habeas Case Subject to 10-Day Filing Period, Not 60 Days, Under § 170.6(a)(1), Feb. 15, 2022. Habeas Corpus, Different Judge, Tolling of Statutes of Limitations and Laches.
- Minnesota Supreme Court Announces Two-Year Time Limit of § 590.01, subd. 4(c) Runs From Date of Court Decision, Nov. 15, 2021. Tolling of Statutes of Limitations and Laches.
- Eleventh Circuit: Timely Filed Amended Fla. R. Crim. P. 3.850 Motion Tolls AEDPA Clock, Rejects State’s Proposed 30-Day Limitations Period, June 15, 2021. AEDPA, Tolling of Statutes of Limitations and Laches.
- Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding, March 15, 2021. Attorney Misconduct, Counsel - Effective Assistance of, Tolling of Statutes of Limitations and Laches.
- Sixth Circuit Orders Michigan District Court to Review Prisoner’s Plea for Compassionate Release, March 1, 2021. Tolling of Statutes of Limitations and Laches, Compassionate Release.
- Ninth Circuit Reverses Lower Court’s Dismissal of California Prisoner’s Religious Freedom Lawsuit, Feb. 1, 2021. Religious Freedom, Tolling of Statutes of Limitations and Laches, Prison Litigation Reform Act (PLRA).