Legal Opinion
Sergey Spitsyn v. Robert Moore, Warden
Court of Appeals for the Ninth Circuit
Decided November 3, 2003No. 02-35543PublishedCited by 459 opinions
1Opinion of the Court
OPINION
CLIFTON, Circuit Judge.
Sergey Spitsyn appeals from the district court’s dismissal of his petition for habeas corpus relief under 28 U.S.C. § 2254 as untimely. He argues that the deadline for filing his petition should be subject to equitable tolling because the delay in filing resulted from an “extraordinary circumstance” beyond his control, specifically his attorney’s misconduct. Based upon the unique facts of this case, where an attorney was retained to prepare and file a petition, failed to do so, and disregarded requests to return the files pertaining to petitioner’s case until…
2Cases cited17 opinions
- Percy Stanley Harris v. Ronald Hutchinson, Warden, Maryland House of Corrections J. Joseph Curran, Jr., Attorney General of the State of MarylandCourt of Appeals for the Fourth Circuit · 2000
- Woodford v. GarceauSupreme Court of the United States · 2003
- Willie Lee Miles v. K.W. Prunty, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 1999
- Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
- Ibrahn Ben Miranda v. Ray Castro, Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2002
12 more not listed; retrieve them via the Exa API.
3Cited by459 opinions
- Holland v. FloridaSupreme Court of the United States · 2010
- Armando Sossa v. Ralph M. DiazCourt of Appeals for the Ninth Circuit · 2013
- Timothy Ross v. David VaranoCourt of Appeals for the Third Circuit · 2013
- Anthony Smith v. Ron DavisCourt of Appeals for the Ninth Circuit · 2020
- Lee v. LampertCourt of Appeals for the Ninth Circuit · 2011
454 more not listed; retrieve them via the Exa API.