Legal Opinion
Joseph Nara v. Frederick Frank
Court of Appeals for the Third Circuit
Decided June 12, 2007No. 05-4779PublishedCited by 550 opinions
1Opinion of the Court
OPINION OF THE COURT
NYGAARD, Circuit Judge.
In Nara v. Frank, 264 F.3d 310 (3d Cir.2001), we held that the equitable tolling doctrine might allow the District Court to consider Joseph Nara’s otherwise untimely habeas corpus petition. Upon remand, the District Court found equitable tolling applicable, and granted Nara’s petition based upon his claim that he was mentally incompetent when he pleaded guilty to murdering his wife and mother-in-law. The Commonwealth appealed. We will affirm.
I. Factual and Procedural History
A. Conviction and Incarceration
Joe Nara’s wife, DeLorean Churby, left him.…
2Cases cited91 opinions
- Thomas v. ArnSupreme Court of the United States · 1986
- United States v. OlanoSupreme Court of the United States · 1993
- Gilbert B. Martinez v. Eddie Ylst, Superintendent, California Medical Facility SouthCourt of Appeals for the Ninth Circuit · 1991
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Paul W. Douglass v. United Services Automobile AssociationCourt of Appeals for the Fifth Circuit · 1996
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3Cited by550 opinions
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- Esin Arakas v. Commissioner, Social SecurityCourt of Appeals for the Fourth Circuit · 2020
- Brightwell v. LehmanCourt of Appeals for the Third Circuit · 2011
- John D. Dupree v. Warden, Attorney General, State of AlabamaCourt of Appeals for the Eleventh Circuit · 2013
- Thomas v. HornCourt of Appeals for the Third Circuit · 2009
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