Legal Opinion
Holland v. Florida
Supreme Court of the United States
Decided June 14, 2010No. 09-5327PublishedCited by 3,796 opinions
1Opinion of the Court 1
OPINION OF THE COURT
[560 U.S. 634]
2Opinion of the Court · BreyerJustice Breyer
We here decide that the timeliness provision in the federal habeas corpus statute is subject to equitable tolling. See Antiterrorism and Effective Death Penalty Act of 1996 (AE-DPA), 28 U.S.C. § 2244(d). We also consider its application in this case. In the Court of Appeals’ view, when a petitioner seeks to excuse a late filing on the basis of his attorney’s unprofessional conduct, that conduct, even if it is “negligent” or “grossly negligent,” cannot “rise to the level of egregious attorney misconduct” that would warrant equitable tolling unless the…
3Cases cited49 opinions
- Slack v. McDanielSupreme Court of the United States · 2000
- Miller-El v. CockrellSupreme Court of the United States · 2003
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Rose v. LundySupreme Court of the United States · 1982
- Pace v. DiGuglielmoSupreme Court of the United States · 2005
44 more not listed; retrieve them via the Exa API.
4Cited by3,796 opinions
- Martinez v. RyanSupreme Court of the United States · 2012
- McQuiggin v. PerkinsSupreme Court of the United States · 2013
- Gonzalez v. ThalerSupreme Court of the United States · 2012
- Gee v. PachecoCourt of Appeals for the Tenth Circuit · 2010
- Maples v. ThomasSupreme Court of the United States · 2012
3,791 more not listed; retrieve them via the Exa API.