United States Eleventh Circuit

In habeas proceedings arising from a murder and robbery prosecution, dismissal of the habeas petition as untimely is vacated where petitioner's evidence, while not sufficient to establish definitively that the filing deadline should be equitably tolled, was sufficient to raise a factual issue as to whether a causal connection existed between his mental impairment and his ability to file a timely petition.

Appellate Information

• Decided 11/18/2009
• Published 11/18/2009

Judges

• PER CURIAM:, Before HULL, WILSON and FAY, Circuit Judges.

Court

• United States Eleventh Circuit

Counsel

• For Appellant:
  
• Mark Gonzalo Montiel (Court-Appointed), Montgomery, AL, for Hunter.


• For Appellees:
  
• Cecil G. Brendle, Jr., AL Atty. Gen., Montgomery, AL, for Respondents-Appellees.