United States Second Circuit

This court's holding in Smaldone v. Senkowski, 273 F.3d 133 (2001), does not always preclude the application of equitable tolling in a case where a habeas petition is untimely because of the extraordinary actions of the petitioner's attorney.

Appellate Information

• Argued 05/06/2003
• Decided 07/30/2003
• Published 07/30/2003

Judges

• Before:  FEINBERG, MESKILL and JACOBS, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Gates Garrity-Rokous, New Haven, CT (Stephen J. Lable, Wiggin & Dana, New Haven, CT, of counsel), for Appellant.


• For Appellees:
  
• Jeffrey A. Meyer, Assistant United States Attorney, District of CT (Kevin J. O'Connor, United States Attorney for the District of Connecticut, Jonathan Biran, Assistant United States Attorney, District of Connecticut, New Haven, CT, of counsel), for Appellee.