Legal Opinion
MacLean Iii v. United States
Court of Appeals for the Federal Circuit
Decided July 12, 2006No. 2005-5149PublishedCited by 23 opinions
1Opinion of the Court
FRIEDMAN, Senior Circuit Judge.
This appeal challenges the Court of Federal Claims’ dismissal, for lack of jurisdiction because of untimely fifing, of a suit attacking a court-martial conviction. The appellant challenges his conviction on two grounds: (1) his invocation of military post-conviction proceedings either extended the limitations period for challenging his court-martial conviction or created a new cause of action for which there was a new period of limitations; and (2) he can invoke equitable tolling of the statute of limitations because of the government’s concealment of an…
2Cases cited10 opinions
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
- Gabriel J. Martinez v. United StatesCourt of Appeals for the Federal Circuit · 2003
- Klehr v. A. O. Smith Corp.Supreme Court of the United States · 1997
- Hopland Band of Pomo Indians v. The United StatesCourt of Appeals for the Federal Circuit · 1988
- Harold E. Bailey, Claimant-Appellant v. Togo D. West, Jr., Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1998
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- John R. Sand & Gravel Company v. United StatesCourt of Appeals for the Federal Circuit · 2006
- Taylor v. United StatesUnited States Court of Federal Claims · 2006
- Walton v. United StatesUnited States Court of Federal Claims · 2008
- Voisin v. United StatesUnited States Court of Federal Claims · 2008
- Adde v. United StatesUnited States Court of Federal Claims · 2008
18 more not listed; retrieve them via the Exa API.