×
You've used up your 3 free articles for this month. Subscribe today.
Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners
Loaded on March 15, 2013
published in Prison Legal News
March, 2013, page 48
The Third Circuit Court of Appeals has held that a language inability, when combined with denial of legal or translation assistance, can be an extraordinary circumstance for equitable tolling purposes in habeas cases.
Filed under:
Interpreters (Disciplinary Hearings),
Civil Procedure,
Limitations,
Habeas Corpus,
AEDPA,
Interpreters.
Location:
Pennsylvania.
The issue was before the Third Circuit following a federal district court’s order dismissing as untimely a ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Abuse in Los Angeles Jails Leads to Investigations, Lawsuits and Eventual Reforms, by Michael Brodheim
- Colorado Seeks New Use for Empty Prison
- From the Editor, by Paul Wright
- Nevada Prison Industries Exploiting Businesses and Workers, by Bob Sloan
- The Color of Corporate Corrections: Overrepresentation of People of Color in the Private Prison Industry, by Christopher Petrella
- British Call Center Fires Employees to Hire Prison Slave Labor
- Why Are Prisoners Committing Suicide in Pennsylvania?, by Matt Stroud
- Federal Court Grants Six-Month Extension to Reduce CDCR Prison Population
- Alaska Supreme Court Revives Prisoner’s “Shy Bladder” Suit
- Historic $45 Million Settlement in Washington State Prison Phone Class-action Suit, by Matthew Clarke
- China Pledges to Stop Harvesting Organs from Executed Prisoners
- Prison Reforms Under Maine’s New DOC Commissioner, by Lance Tapley
- Former California Prison Guard Convicted of Lying about Injury Sustained at Sex Club
- Colorado: CCA Doctor Disciplined for Role in Prisoner’s Death
- $2.6 Million Jury Award for Prisoner Beaten in Los Angeles County Detox Cell, by Matthew Clarke
- $4.1 Million Settlement for Cook County Jail Prisoners Shacked During Labor
- California Prison Psychiatrists Reap Rewards from State Bidding War
- Tennessee DOC Accused of Covering Up Violent Incidents, by Alex Friedmann
- Prison Doctor’s Failure to Follow Prescribed Hernia Treatment States Claim
- 7th Circuit Reaffirms Voluntariness of BOP’s Inmate Financial Responsibility Program, by Derek Gilna
- Second Circuit Reverses Summary Judgment for Non-Treatment of Prisoner’s HCV
- Eighth Circuit: § 1997e(e) Bars Compensatory Damages for First Amendment Religious Claims; Qualified Immunity Upheld
- DC Court Disbars Former Federal Prosecutor for Misconduct, by Derek Gilna
- Indigent Prisoner’s Damages Claim in Legal Mail Case Survives Summary Judgment
- U.S. Citizens Mistakenly Snared, Deported by DHS and ICE, by Derek Gilna
- South Carolina Sex Offender’s Lifetime Satellite Monitoring Held Unconstitutional
- “Shocks the Conscience” Test Applied to Conditions at Civil Commitment Center
- Have the Media Stopped Covering Courts?
- Unique Brazilian Prison Alternative Celebrates 40-Year Anniversary, by Lyla Bugara
- Eleventh Circuit: No Right to Spanish-language RDAP Program
- Former New York Prisoner Exonerated, Receives $2 Million Settlement
- $2 Million Settlement in Mailman’s Death at New York City Jail
- Fifth Circuit Reverses $659,300 Katrina-Related Jury Award, by Matthew Clarke
- Equitable Tolling of AEDPA Includes Non-English Speaking Petitioners
- Illinois Woman Awarded $70,000 for Strip Search Based on Canine Alert
- Oregon ACLU Sues Jail over Mail Policy; County Quickly Capitulates
- Eighth Circuit: Procedurally Defaulted Grievances Decided on Merits are Considered Exhausted
- California Governor Approved Parole for 377 Life-Sentenced Murderers in 2012, by John Dannenberg
- Eleventh Circuit: Corizon Policy Led to Prisoner’s Paralysis; $1.2 Million Verdict Upheld
- Los Angeles County Settles Civil Detainee Wrongful Death Claim for $750,000
- Eighth Circuit Upholds Child Porn Supervised Release Condition
- California Prison Town Files for Bankruptcy, by John Dannenberg
- Wisconsin Supreme Court Clarifies Sex Offender Registration for Homeless Prison Releasees
- News in Brief
More from these topics:
- Third Circuit Orders Evidentiary Hearing on State Prisoner’s Petition Seeking Federal Habeas Relief Because Both State and Federal Courts Denied Relief Without Holding Hearing on IAC Claim That, if Proven, Would Entitle Him to Relief, Aug. 1, 2024. Evidentiary Ruling, Habeas Corpus, Ineffective Assistance of Counsel, Counsel - Effective Assistance of.
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024. Habeas Corpus, Actual Innocence/Claim of Innocence, Ineffective Assistance of Counsel, Summary Disposition, Cause and Prejudice, Proving Cause.
- California Court of Appeal Announces Rulings on Three Issues of First Impression Involving Certificate of Appealability and Habeas Petition, July 15, 2024. Habeas Corpus, Appeals/Appellate Jurisdiction.
- Eleventh Circuit Reverses District Court’s Grant of Habeas Relief, Notes It’s ‘Murky on When Putting Two Suspects in a Room Together Qualifies as Interrogation Under Miranda’, July 15, 2024. AEDPA, Miranda, Custodial Interrogations, Minors, Use of, Interrogation.
- Ohio Supreme Court Announces Same Postconviction-Relief Filing Deadline Applies to ‘Delayed Appeal’ as Applies to Any Other Type of Direct Appeal, July 15, 2024. Habeas Corpus.
- Sixth Circuit Grants Habeas Relief on Ineffective Assistance of Counsel and Batson Claims, July 15, 2024. AEDPA, Batson Claims, Failure to Consult/Investigate/Raise.
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell, May 15, 2024. Habeas Corpus, AEDPA.
- The Death of the Savings Clause, May 15, 2024. Habeas Corpus, AEDPA.
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024. Resources, Habeas Corpus, AEDPA.
- Seventh Circuit Orders District Court to Hold Evidentiary Hearing Where Record Insufficient to Permit Review of State Prisoner’s Section 2254 Habeas Petition Alleging Ineffective Assistance of Counsel, March 15, 2024. Habeas Corpus, AEDPA, Sentence and Judgement, Failure to Consult/Investigate/Raise.