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Article • December 1, 2012
U.S. v. Lyttle, No. 09-5195-cr (L) (2nd Cir.) (667 F.3d 220) (February 1, 2012) (Judge Debra Ann Livingston) by In a prosecution for numerous offenses relating to the defendant's involvement in a fraudulent high-yield investment program, before which the district court had granted a government application to suspend the statute …
Article • August 1, 2008 • from P&J August, 2008
U.S. v. Prosperi, No. Crim. No. 06-10116-RGS (D.Mass.) (573 F.Supp.2d 436) (August 29, 2008) (Judge Richard G. Stearns) by Here the Court held that the Iraq war constituted a proper basis for invoking a World War II-era Wartime Suspension Act to extend the applicable statutes of limitations in a false …
Article • March 1, 2005 • from P&J March, 2005
U.S. v. Titterington, No. Crim. No. 02-20165 (W.D.Tenn.) (354 F.Supp.2d 778) (February 3, 2005) (Judge Bernice B. Donald) by
Article • September 1, 2003 • from P&J July, 2003
Baldayaque v. U.S., No. 02-2611 (2nd Cir.) (338 F.3d 145) (July 30, 2003) (Judge Thomas J. Meskill) by Here, clarifying its prior decision in Smaldone v. Senkowski, 273 F.3d 133, the Court held that attorney conduct that is "suficiently egregious" may be enough to toll a statute of limitations for …
Article • April 1, 2003 • from P&J April, 2003
Longenette v. Krusing, No. 00-3690 (3rd Cir.) (322 F.3d 758) (March 7, 2003) (Judge Anthony J. Scirica) by Here, after vacating a forfeiture order obtained by summary judgment, the Court invoked the doctrine of equitable estoppel to allow the government to re-file its proceeding some 5 years after the limitations …
Article • April 1, 2003 • from P&J April, 2003
Modrowski v. Mote, No. 02-1804 (7th Cir.) (322 F.3d 965) (March 10, 2003) (Judge Michael S. Kanne) by Here the Court held that, notwithstanding a defense attorney’s conceded incapacity, which caused him to miss (by one day) a habeas filing deadline, the petitioner was not entitled to any equitable tolling …
Article • March 1, 2003 • from P&J March, 2003
U.S. v. Torres, No. 02-11082 (11th Cir.) (318 F.3d 1058) (January 17, 2003) (Judge Charles R. Wilson) by An initial response from foreigh authority, which inadvertently omitted several documents within the subject matter if the Government's request for evidence, did not constitute a "final action" for purposes of tolling the …
Article • December 1, 2000 • from P&J December, 2000
Whalem/Hunt v. Early, No. 99-55627 (9th Cir.) (233 F.3d 1146) (December 7, 2000) (Per Curiam) by 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 …