Legal Opinion
Michael Lacava v. Kenneth D. Kyler the District Attorney for Philadelphia County the Attorney General of the State of Pennsylvania
Court of Appeals for the Third Circuit
Decided February 11, 2005No. 03-1398PublishedCited by 291 opinions
1Opinion of the Court
OPINION OF THE COURT
BECKER, Circuit Judge.
Michael LaCava appeals from an order of the District Court which denied his petition for writ of habeas corpus as untimely filed, rejecting his contention that equitable tolling should apply. The appeal requires us to decide whether the twenty-one month period that LaCava allowed to pass prior to making inquiry into the status of his state petition for allowance of appeal precludes a finding of due diligence and thus application of the principle of equitable tolling, or whether the matter should, as LaCava contends, be remanded to the District Court…
2Cases cited25 opinions
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Artuz v. BennettSupreme Court of the United States · 2000
- Eric Robinson v. Philip L. Johnson the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania, Mike FisherCourt of Appeals for the Third Circuit · 2002
- Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
- Ronald Jones v. Willis Morton, Warden of Trenton State Prison Attorney General of the State of New JerseyCourt of Appeals for the Third Circuit · 1999
20 more not listed; retrieve them via the Exa API.
3Cited by291 opinions
- Timothy Ross v. David VaranoCourt of Appeals for the Third Circuit · 2013
- Pabon v. MahanoyCourt of Appeals for the Third Circuit · 2011
- Robert Jenkins v. Superintendent Laurel HighlandCourt of Appeals for the Third Circuit · 2013
- Roy v. LampertCourt of Appeals for the Ninth Circuit · 2006
- George Gibbs v. Robert LegrandCourt of Appeals for the Ninth Circuit · 2014
286 more not listed; retrieve them via the Exa API.