Monday, September 25, 2006

Equitable tolling winner

Roy v. Lampert (09/22/06 - No. 04-35514).
Dismissal of petitioners' federal habeas petitions as untimely is remanded for an evidentiary hearing on their equitable tolling claim where they made sufficient allegations that they pursued their claims diligently and faced extraordinary circumstances once they were transferred to an Arizona prison facility which allegedly had a woefully deficient law library. (Amended opinion, rehearing en banc denied) http://caselaw.lp.findlaw.com/data2/circs/9th/0435514p.pdf

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