Equitable tolling in defendant’s habeas petition

Robertson v. Simpson, 07-6191, concerned a challenge to the district court’s denial of defendant’s petition for habeas relief filed one month beyond the one-year statute of limitations, holding that defendant failed to meet his burden of proving that he was entitled to equitable tolling.  The court remanded the matter for a determination of whether defendant’s attorney’s cocaine use and possible misadvice constitute sufficient extraordinary circumstances to entitle defendant to equitable tolling.

 

Related Link:

  • Read the Sixth Circuit’s Full Decision in Robertson v. Simpson, 07-6191

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