Legal Opinion
Heriberto Baldayaque v. United States
Court of Appeals for the Second Circuit
Decided July 30, 2003No. Docket 02-2611PublishedCited by 190 opinions
1Opinion of the Court
Judge JACOBS concurs in a separate opinion.
MESKILL, Circuit Judge.
Appeal from a judgment of the United States District Court for the District of Connecticut, Arterton, J., denying the petitioner-appellant’s petition for a writ of ha-beas corpus pursuant to 28 U.S.C. § 2255. The district court issued a certificate of appealability on the issue whether our holding in Smaldone v. Senkowski, 273 F.3d 133 (2d Cir.2001), always precludes the application of equitable tolling in a case where a habeas petition is untimely because of the extraordinary actions of the petitioner’s attorney. We hold that…
2Cases cited11 opinions
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- Kevin Smith v. Michael McGinnis Superintendent, Southport Correctional FacilityCourt of Appeals for the Second Circuit · 2000
- Alixcair Valverde v. James Stinson, Superintendent, Great Meadow Corr. Fac.Court of Appeals for the Second Circuit · 2000
- Donald Green, Also Known as Sly, Also Known as Stone v. United StatesCourt of Appeals for the Second Circuit · 2001
- Vitarroz Corporation v. Borden, Inc.Court of Appeals for the Second Circuit · 1981
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3Cited by190 opinions
- Holland v. FloridaSupreme Court of the United States · 2010
- Sergey Spitsyn v. Robert Moore, WardenCourt of Appeals for the Ninth Circuit · 2003
- Timothy Ross v. David VaranoCourt of Appeals for the Third Circuit · 2013
- Benito Luna v. Scott KernanCourt of Appeals for the Ninth Circuit · 2015
- John Doe v. Frederick Menefee, Warden, Warden of the Otisville Federal Correctional Institution the Attorney General of the State of New YorkCourt of Appeals for the Second Circuit · 2004
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